It is narrated from Hazrat Amir that Hazrat Umar bought a horse from a man, and said, "If you are satisfied, then the price will be binding upon me, otherwise there will be no sale between us." Hazrat Umar (may Allah be pleased with him) had a person ride the horse in his presence, and the horse quickly became tired. Hazrat Shurayh was appointed as judge between them. Hazrat Shurayh said to Hazrat Umar (may Allah be pleased with him): "Hand over what you have bought, or return what you have taken." Hazrat Umar said to him: "You have judged with the bitter truth." Hazrat Amir states that he (Shurayh) was sent to Kufa for the position of judge, and Hazrat Ka'b bin Soor was sent to Basra for the position of judge.

24071 - Zakariya said: 'Amir said: And he appointed him over the judiciary of Kufa, and he appointed Ka'b ibn Sur over the judiciary of Basra.

Hazrat Salman bin Rabee’ah says regarding a person that a man bought goods from another on the condition that he would inspect them, and he had not yet paid the price and the goods were destroyed. Hazrat Salman bin Rabee’ah held him liable.

Hazrat Aamir says regarding the person who buys goods on the condition that he will inspect them, then they are destroyed, he said: The buyer will be liable.

Hasan says that if there is an option (of rescinding the sale), then the buyer will be liable.

Hasan says that if a person buys goods with the option of choice (khiyar), then they are destroyed while with him, if he has fixed the price, he will be liable; and if he has not fixed the price, then he is a trustee. (There is no liability on a trust.)

If, in a sale, the seller has the option (of rescinding), and then the goods are destroyed while with the buyer, nothing will be obligatory upon him. Hazrat Sufyan says that the price will be obligatory upon him.

24077 - Sufyan said: He is liable for the value.