infpedion remains: apd hence it is that thepurehafer may rejed the
article, independant of an order from the Kdzet, or the confent of the
feller; and fuch rejedion is a diffolution of the fale from the be-
ginning,— in other words,, it becomes the fame as if the contrad had
never exifted.
(Htr°Ptd " 'S 4 Per^on P°®fling the option of infpedion fhould die, the opthe
deceafe tion in fuch cafe becomes null; for (according to our dodors) it is not
wd'hwhom011 ^ hereditament, as has already been explained in treating of optional
it retted. conditions-
^aio^frr- If a perfon, having once feen an article, fhould’ afterwards, at a
tiious to pur- diftant period, purchafe it , and the article, at the time of purchafe,
'exifl in the form and defcription in which he firft faw it, he has not in
this cafe any option, becaufe he is poffeffed of a knowledge of the
qualities from his former infpedion; and'an option is-allowed only in
defell of fuch knowledge.— If, however, the purehafer fhould. not re-
cognife or know it to- be the fame article, he has in that cafe an option
; becaufe under fuch circumflances his confent cannot be implied:
or if, on the other hand, the nature of the article be changed, he has
an option ; becaufe the qualities being changed, it becomes in fad the
fame as if he had never feen. it.
If a purehafer and feller difpute concerning any recent * change
in the nature of the article,— the purehafer afferting this circumftance,
o f the contrafi:, mutually agree to reduce the fale to me buihel for me dirm, this agreement,
as being arr alteration o f the terms previous to their fulfilment, would be unlawful.
In fhort it is requifite, in this inftance, either that the parties prev-ioufly diflolve the firft
contract, and then enter into a new contradt o f fale o f one bufliel for one dirm; or tHat they
formally complete the firft contraa by mutual feizin, and that the purehafer then fell one of
the bufhels to the feller for one dirm.
* Arab; Hadis, fo r Hdditb,1 meaning, fupervenient upon the contract..
and the feller denying it,— in this cafe the allegation of the feller,
confirmed by an oath", muft be credited; becaufe the interval between
the fight and the purchafe being Ihort, the probability is in favour of
the aflertion of the feller, that fuch change did not happen-till after
the purchafe had taken place. If, however, a long, period fhould intervene
between the fight and the purchafe, our dodors; are in this
cafe of opinion that the allegation of the purehafer is to be credited;
becaufe, as it is the nature of every thing to decay in courfe of time,
it follows that his alfert'ion is fupported by probability-
If the parties difpute concerning the period when the article
was infpeded, the feller afferting that the purehafer had firft
feen and then purchafed the article, and the purehafer denying
this,— in that cafe the allegation of the purehafer, upon oath, is to be;
credited.
. If a perfon purchafe a bundle of clothes of a Zeota * w i th - A perfon, af-
A 1 ■ ter difpoling'
out feeing them, and afterwards fell or give away part of them; of a/««of
in this cafe he, has not the power of rejeding any of thofe that re- J^option
main unlefs they fhould prove defedive. In. the fame manner, if «utfirefpea..
he purchafe a bundle of clothes of a Zoofet, ftipulating a con- mainier-
dition of option, . and afterwards; fell or beftow in gift part of
them, his right of option is annulled; becaufe it is not in his. power to
rejed what he has no longer any property in;. if, therefore, he were to
rejed the remainder, it would induce a deviation from the bargain before
the completion of i t ; (for the exiftence of an option of infpedion, or
of a condition of option, is a bar to the completenefs of the bargain.)
It is other wife in an option from defell; as the bargain, notwithflanding
the exiftence of fnch option, is completed upon feizing the article
* A tribe o f black drabs.— “ Zoot.— A tribe o f Arabs who formerly inhabited the-
“ fenny region lying between Wadis and they were defeated and reduced tofervi-
“ hide by Mntafim, the eighth K h alif,"— [D e Herbeht.)