Civil Liability of Taker of Property Which Is on Sale

When someone has in mind to buy something he naturally asks the seller to give the property in order to study and examine for if the property is as he considers (thinks) he creates transaction. In fiqh (Islamic jurisprudence), it is called the property which is taken to study and examine for buying by money owner. If the taken property in the hand of taker (holder in order to examine) is damaged or corrupted, is he responsible? This research shows that in spite of the common (well-known) opinion, the liability of taker of property which is on sale before the property owner is contractual and of type of result liability means the property taker assumes to repay the taken property or its price to the property owner otherwise he is responsible to the property owner and should compensate the property owner if the property damaged or defective unless unforeseen circumstances is proved.