The ruling when the seller accepts the price reduction (arsh) instead of returning the defective slave after preemption has occurred.

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the seller accepts the price reduction (arsh) instead of returning the defective slave, the buyer does not claim anything back from the pre-emptive purchaser because the buyer received the value corresponding to a sound slave from the pre-emptive purchaser.

Supporting text

If the seller demands the full value of the slave while it is defective, the buyer is entitled to reimbursement from the seller for the amount of the price reduction paid. If the seller forgives the defect and does not take the price reduction, the pre-emptive purchaser is not liable for anything to the buyer, as the sale is binding from the buyer's side, preventing them from rescinding, similar to when part of the price is waived after the contract is confirmed.