The inspection
of a blind
perfon maybe
madeb y touch,
fmell, or tajlèy
contrary, it ftill continues in force, it follows that the bargain is in
that inftance imperfect.— Now as the conjiituent is empowered to take
poffeffion in either.of thefe modes, it follows that the agent is equally
empowered, fince his conftituent has appointed him, in an abfolute manner,
his agent fo r feizin. Where, however, an agent takes poffeffion
Of an, article without feeing it, his power is terminated by fuch im-
perfeft feizin, and he confequently cannot afterwards exert an option
of infpedtion, fo as to deftroy that privilege on the part of his. conftituent
by any exprefs declaration. It is otherwife in the cafe of an option
from defeEl, becaufe, as that is no bar to the completenefs of the
bargain, the feizin is in that inftance perfeB, riotwithftanding the continuance
of the option of defedt— Concerning the cafe of condition o f
option there is a difference of opinion.— Admitting, however, that the
agent has not the power of annulling fuch option, it is becaufe the
conjiituent himfelf is not in this cafe empowered to make a perfedf
feizin, in as much as the abjedi of fuch conditional option is experience
and trial, which can only be acquired after feizin; and as the conftituent
himfelf is not empowered to make a perfedt feizin, it follows,
that his agent cannot be fo.— With refpedt to a mejfenger, he poffeffes
no power, being barely eommiffioned to deliver a meffage, and
cannot therefore be capable of taking formal poffeffion of any
thing.
Sa le or purchafe, made by a blind perfon, is valid: and after
purchafe, he has ftill an option, as having purchafed an article without
feeing i t ;' which option is determined by the touch of the article,
provided it be of fuch a nature that the touch may lead to a knowledge
of i t ; or by the fmell, if it be of a nature to be known by the
fmell; or by the tafte, if the article i>e of an efculent nature;— in
the fame manner as all thefe modes determine the option of a perfon
poffeffed of fight.
T he
T he option of a blind perfon, in the purchafe of land, is not determined
until a defeription of the qualities of it be given to him; be.-
caufe fuch a defeription is equivalent to a fg h t of the objedf, as in the
cafe oiSitim fales.— It is recorded from Algoo Toofaf that if a. blind
perfon, in purchafing land, fhould ftand on a fpot whence, if he
poffeffed his fight, he might iafpedt the whole, and fhould then declare
I am content with this ground which I have purchafed,” the right
of option is annulled; becaufe the Handing on the fpot in this manner
is analogous to the actual view of it; and the femblance is equivalent
to the reality where the reality is unattainable; as in the cafe of a dumb
perfon, the motion of whofe lips is deemed equivalent to the reading of
the Koran; or, as in the Cafe of a bald perfon, with refpedt to whom
the motion o f the razor to and fro over his head is deemed equivalent
■ (in cafe of his'making a pilgrimage to Mecca) to actualJhaving.—
Hoofn-Bin-Zeeyad has faid that a blind perfon muft appoint an agent
for feizin, who may infpect and take poffeffion of the article on his
behalf; and this is conformable to the dodtrine of Haneefa, who is of
opinion (as has been already explained) that the infpedtion of an agent
is equivalent to that of his confituent.
or (in a purchafe
o f land)
by defeription*
If a perfon, having feen one of two garments, fhould purchafe A fight of
both, and fhould afterwards fee the other, he has then the option qf S e “ ch
rejecting both; becaufe, as garments differ effentially from one an-
other, a fi,oftt of one is uot equivalent to, a fight of both; and there- <1>U leaves1
fore his right of option remains with refpedt to the one he had not jetting betL
feen. He has it not in his power, however, to fejeft that one fingly;
for in fuch cafe an alteration in the bargain would take place before
the completion of it *, as a bargain is not complete whilft an option of
infpedtion
* A contract oif foie, when fettled by the parties,, does not become complete until th£
execution o f i t ; yet it cannot admit o f any. alteration o f the terms of it in the interval.
T h u s , if two bufhels of wheat be fold for two dirms, and the parties, before the execution
F f f 2 *f