If a third party causes an injury to the slave that warrants compensation (*arsh*), does the seller claim the *arsh* upon rescission, or only up to the amount the price was reduced?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
When a third party causes damage that results in a mandatory *arsh* payment, the amount guaranteed to the seller upon rescission is based on the proportional reduction in the price, not necessarily the full *arsh* owed by the third party. This is because the damage caused by the third party becomes a liability guaranteed by the bankrupt estate (the buyer) to the seller based on the original purchase price. The full *arsh* is not guaranteed to the seller because that would imply a double guarantee for the same damage.
Supporting text
If the injury was not caused by a third party, no fixed liability (*arsh*) arises, and thus nothing is due upon its occurrence. The compensation owed to the seller is distinct from the slave's earnings (*kasb*). Earnings are an exchange for the slave's usufruct, which the buyer owns without charge, whereas the amount claimed here is an exchange for a portion of the corpus of the item itself, for which the entire object was guaranteed by the purchase price.