restitution (الأَرْشُ)
الفقه أصول الفقه
التعريف :
Money paid in compensation for caused injury.
المعنى الاصطلاحي :
A sum of money refunded to the buyer to compensate him for a flaw in the product.
الشرح المختصر :
"Arsh" (compensation) is estimating the price of the sold item free from defects, then estimating its price with the defect and calculating the difference, which is then refunded to the buyer. For instance, if the sold item is worth one hundred when it is free from defects and ninety with the defect, then the buyer is entitled to demand the difference, which is ten, from the seller.
التعريف اللغوي المختصر :
"Arsh": indemnity, compensation. It is derived from "arasha", which means spoiling the relations (between people). Original meaning: damage. Eventually, "arsh" was used to refer to the indemnity received for damage.