Can a buyer rescind a sale of a previously deflowered female slave (*ayyim*) if the buyer has intercourse with her without her becoming pregnant?

General Chapter

Al-Mughni

Book of the Insolvent (Bankruptcy)

Book 14 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the sold item was a previously deflowered female slave (*ayyim*) and the buyer had intercourse with her without resulting in pregnancy, the buyer has the right to rescind the contract based on the established principle, as neither the essence nor the essential characteristics have diminished. If the slave was a virgin (*bikr*), the scholar Al-Qadi permits rescission because a characteristic has been lost without any physical part being removed, equating it to a wound. If the intercourse was performed by someone other than the bankrupt seller, the ruling is the same as if the bankrupt seller had performed it.

Supporting text

Abu Bakr stated that the buyer does not have the right to rescind in the case of the virgin slave because the buyer has removed a part of her, which is analogous to blinding her.