What is the ruling regarding a buyer's right to return a defective slave after the seller forgives the price or gifts it back to the buyer?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 1 · Bab 1

Open in Qurani

Primary text

When a seller sells a slave for a hundred, and then the seller absolves the buyer of the price, or takes possession of the price and then gifts the slave back to the buyer, and the buyer subsequently discovers a defect in the slave, there are two distinct legal opinions regarding whether the buyer may return the sold item and claim the price, or keep the item and take the compensation for the defect.

Supporting text

These two opinions are contingent upon the two established narrations concerning the dower (*mahr*) if the wife gifts it to her husband and they subsequently divorce before consummation.