Khiyaarush Shart – the right to return goods

Khiyaarush Shart – the right to return goods

At the time of purchasing an item, a person says: “I have the right to take or return this item within one day, two days or three days. If I wish, I will keep it, if not, I will return it to you.” This is permissible. He has the choice of returning the item within the period that he specifies or of keeping it.

A person says: “I have the right to take or return this item within three days.” Three days expired and this person did not say anything nor did he return it. He will now have to take that item. He does not have the right to return it. However, if the seller permits him to do so, it will be permissible. He cannot return it without obtaining the consent of the seller.

It is not permissible to make such a condition for more than three days. If a person makes a condition for four or five days, we will have to see whether he makes a decision within three days or not. If he returns the item within three days, it will be considered to be returned. If he decides to keep it, the transaction will be valid. If three days pass without knowing whether he is going to keep the item or return it, the transaction will become invalid.

Similarly, the person selling the item also has the right to say: “I have the choice of taking my item back within three days.” This is also permissible.

At the time of purchasing an item, a person says: “I have the right of returning this item within three days.” The next day he comes and says: “I have decided to keep this item and I am not returning it.” Once he says this, his right will be forfeited and he cannot return that item. In fact, even if he goes to his own house and says that he has decided to keep that item, his right will be forfeited. When a person wishes to cancel his transaction or return the item, he will have to do it in front of the seller, he cannot do it behind his back or in his absence.