4oo S A L E.
Option of
infpedtion in
the purchafe
o f a houfe.
An agent for
feizin may in-
fpedt, in the
Book XVI.
by means Of a /ample: and in the fame manner, the-fight of
the outfide of a piece of cloth fuffices; -unlefs there be a particular
part within the folds neceflary to be known, fuch as (infamped cloths)
the pattern, in which cafe the option of infpedtion is not annulled until
the purchafer fee the infide of the piece. In the cafe of a man *, on the
other hand, a fight of the face is fufficient; and in animals a fight of the
fa ce and poferiors.— Some allege that in animals a fight of the fore and
hinder legs is neceflary. What was firft related is on the authority
of Aboo Toofaf. In goats purchafed on account of their flelh it is neceflary
to fqueeze and prefs the flelh in the hands, as that afeertains
the goodnefs of it. But if purchafed tor' breed, or for giving milk,
it is; neceflary to look at their dugs. In purchafing1 victuals ready
drefled it is neceflary to tafe them, to afeertain their goodnefs.-; :
If a perfon look at the front of a houfe, and then purchafe* it, he
has no option o f infpeSiion, although he Ihould not have feen the apartments:—
and fo alfo, if a perfon view the .Azivd parts of a houfe, or
the trees of a garden from without. Zijfer has faid that it is requi-
fite that the purchafer infpedt the apartments of the houfe. Our author
alfo renjarks that what is here advanced:with refpedt to a fight of,
the front or back part of a houfe being fufficient, is founded on the
cuftoms of former times, when, all their buildings being, of all uniform
nature, the fight of the front or back parts fufficed to afeertain
the interior parts; but that in -the prelent time it is very neceflary to
enter in, as buildings are in thofe days varioully conftrudted, whence
a view of the outfide is no ftandard by which to judge of the, infide \
and this is approved.
T he infpedtion of an agent appointed to take pofleffion of an article
purchafed is equivalent to the infpedtion o f the purchafer, and
■ Meaning a Jlave fet up to fale.
confequently,
C h a f . III. S A L E . 4 0 1
confequently, after the infpedtion of fuch agent, the purchafer has
no power of rejediing the article purchafed, unlefs in a cafe of a deleft.
The infpedtion, however, of a mefenger on the part of the purchafer
is not equivalent to his own infpedtion. This is the dodtrine
of Haneefa. The two difciples hold that an agent and a meffenger are
in effect the fame, (that is, the infpedtion qf neither is equivalent to
that of the purchafer,) and confequently, that the purchafer has afterwards
the liberty of rejedtion in both inftances. The argument they
adduce in fupport of their opinion is, that as the conftituent has appointed
the agent merely to take pojfeffion, and not to annul his option,
it follows that fuch annulment does not belong to him;— in the fame
manner as holds with refpedt to option from defe£i\ in other words,
if an a'o-ent Ihould knowingly take pofleffion of a defeSiive article, the
option of the purchafer is not thereby annulled;— and in the fame
manner, alfo, as holds with refpedt to a condition o f option; that is, if a
perfon ffiould purchafe any article, with a referve of option, and his
a°-ent, in the interval, take pofleffion of the article, the purchafer’ s
right of option is not annulled;— and in the fame manner allb, as
holds in the wilful annulment of an option of infpedtion; as i f an
agent ffiould take pofleffion of an article concealed, and after infpedtion
exprefsly declare the option to be null; in which cafe the purchafer’s
right of option would neverthelefs ftill continue in force.— Haneefa,
on the other hand, ,argues that feizin, or the adt of taking pojfejfion, is
of two kinds.— I. Perfetcl, which is the feizin of the article with fight
and knowledge. II. Imperfect, which is the feizin of it without fight,
thaf is, whilfi it is concealed. The fr ft is termed perfeli, and the
fecond imperfeEl, becaufe the completenefs offeizin depends upon the
completeness of the bargain*, which cannot be complete whilfi an
option of infpedlion remains; and as, in the former inftance, this
option has been done away, it follows that the bargain is in that inftance
complete and perfedt; but as, in the latter inftance, on the
fatre manner
as the ptir~
chafer.
* Arab. Safin, literally, the adt ofJiriking bands, in making a bargain.
Vox. „II. F f f contrary,