Ruling 2079

If a person sells ghee that is mixed with suet and he specifies it – for example, he says, ‘I am selling 1 kilogram of this ghee’ – then in case the amount of suet is a lot, i.e. to the extent that the product could not be said to be ghee, the transaction is void. But if the amount of suet is a little, i.e. to the extent that the product could be said to be ‘ghee mixed with suet’, then the transaction is valid. However, in this case, the buyer has the right to annul due to a defect (khiyār al‑ʿayb),³ i.e. he can annul the transaction and take back his money. Furthermore, if the ghee is distinguishable from the suet, the transaction in relation to the amount of suet mixed in the ghee is void, and the money that the seller takes for the suet belongs to the buyer and the suet belongs to the seller. The buyer can also annul the transaction with respect to the pure ghee within the product. However, if the seller does not specify it and sells 1 kilogram of ghee, undertaking to give it later, and he later gives ghee mixed with suet, the buyer can return the mixed ghee and demand pure ghee.

³ See Ruling 2134, case 6.