A man who buys a garment from another, cuts it, and then finds a defect in it

It is narrated from Ibn Sirin that a man bought a garment and it had a defect. Sayyiduna Uthman (may Allah be pleased with him) ruled that he should return it, even if he had worn it.

Al-Hasan (may Allah have mercy on him) was asked about a man who bought a garment and then found a defect in it. He said: Money from the price will be refunded in proportion to the defect.

Muhammad (may Allah have mercy on him) said: If someone buys a garment and then finds a defect in it, and the garment has changed from its original state, I prefer that the sale be upheld and the price reduced in proportion to the defect.

Two men brought a dispute to Shurayh (may Allah have mercy on him). One of them had bought a large waterskin from the other and then cut it up, and after cutting it he found a defect in it. He said: The defect you have caused in it by cutting is more serious than the one it already had.

Shu'bah said: I asked al-Hakam about a man who bought a garment and cut it, and then a defect appeared in it. He said: He should return the garment.

I then asked Hammad the same, and he said: He should return the garment, and also pay back the compensation for the cutting (he also pays a fine for the damage caused by cutting the garment).

Shu'bah said: Al-Haytham informed me that Hammad said: The compensation for the defect is to be deducted for him.

Jabalah bin Suhaym said: I saw Sayyiduna Ibn Umar (may Allah be pleased with them both). He bought a shirt and put it on, and some yellow from his beard got on it. He intended to return the shirt, and then, because of that yellow, he gave up the idea of returning it.

Sayyiduna Uthman (may Allah be pleased with him) said: Whoever buys a garment that has a defect has the choice. (If he wishes he may keep it, and if he wishes he may return it.)