Can a seller rescind a sale upon discovering an injury inflicted upon a slave after the sale?

General Chapter

Al-Mughni

Book of the Insolvent (Bankruptcy)

Book 14 · Issue 1 · Bab 1

Open in Qurani

Primary text

According to the opinion of Abu Bakr, the seller does not have the right to rescind the sale if the slave suffers a physical injury or wound (jirah or shajj). This is because the injury results in the loss of a physical part that diminishes the price, similar to losing the slave's eye. Since there is an established compensation (*arsh*) for such loss, rescission is precluded. Furthermore, if the defect were merely an abstract quality, the seller would have no right to rescind, as seen in cases of the slave's emaciation or forgetting a trade skill. Rescission in established cases prevents dispute and dissolves the transaction, which is not achieved in the case of an injury.