The consequence if the seller does not rescind the sale due to the defect in the slave before the pre-emptive purchaser claims preemption.
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the seller does not return the defective slave before the pre-emptive purchaser takes possession through preemption, the seller may still return the slave but loses the right to reclaim the sold property. This is because the pre-emptive purchaser acquired ownership by exercising their right, and the seller cannot invalidate the pre-emptive purchaser's established ownership, analogous to a situation where the buyer sells the property to a third party, as preemption is effectively a sale. In this scenario, the seller is entitled to the value of the shaqs because it is treated as destroyed.
Supporting text
There are two views regarding whether the seller and buyer reverse their exchange regarding the value of the slave. One view holds that reversal does not occur because the pre-emptive purchaser took possession based on the contract price, which assumed the slave was sound and defect-free, evidenced by the seller's right to return it if they knew of the defect. Another view holds that they do reverse, as the pre-emptive purchaser takes based on the price established by the contract, which is the value of the shaqs. If a reversal occurs, whoever paid more of the original exchange value is reimbursed the surplus by the other party.