عہدہ (ضمانت)

العُهْدَة

In sale, 'uhda is the seller's guarantee of the price or of the title when the object is claimed by a third party. In pre-emption it is the return of ownership to the pre-emptor or buyer; in the option for a defect it is the guarantee when a defect appears ¹. In pre-emption the Shafi'is and Malikis place the warranty on the seller if the pre-emptor took the property from him; the Hanafis place it on the buyer when the property was sold by someone other than the seller ². For defects, the year and the three-day warranties differ: a defect arising in the buyer's hands and one present at the seller's both give a right of return ^{2 3}.