Hadith 36482

Yahya said that he heard Malik say, "If a man buys a garmentwhich has a defect, a burn or something else, which the seller knowsabout and that is testified against him or he confirms it, and the manwho has bought it causes a new tear which decreases the price of thegarment, and then he learns about the original defect, he can returnit to the seller and he is not liable for his tearing it."Ifa man buys a garment which has a defect of a burn or flaw, and the onewho sold it to him claims that he did not know about it, and the buyerhas cut the garment or dyed it, then the buyer has an option . If hewishes, he can have a reduction according to what the burn or flawdetracts from the price of the garment and he can keep the garment, orif he wishes to pay damages for what the cutting or dyeing hasdecreased of the price of the garment and return it, he can do so."If the buyer has dyed the garment with a dye which increasesthe value, the buyer has an option. If he wishes, he has a reductionfrom the price of the garment according to what the defect diminishesor if he wishes to become a partner with the one who sold the garmenthe does so. The price of the garment with a burn or flaw is looked at.If the price is ten dirhams, and the amount by which the dyeingincreased the value is five dirhams, then they are partners in thegarment, each according to his share. In this reckoning is the amountby which the dyeing increases the price of the garment."