What are the rights of a purchaser regarding a sacrificial animal found to have a defect before designating it for sacrifice?
General Chapter
Al-Mughni
Book of Sacrifices (Uḍḥiyah)
Primary text
If a person purchases a sacrificial animal and subsequently discovers a defect before designating it (*ijab*), the buyer has the choice to return the animal or accept the compensation for the defect (the *arsh*). If the defect prevents the animal from being valid for sacrifice (*ijza'*), the buyer cannot perform the sacrifice with it, but retains the right to the *arsh*. If the defect does not prevent its validity for sacrifice, the buyer may perform the sacrifice, and the *arsh* remains his entitlement. The ruling regarding the *arsh* in this scenario is likely his because the designation (*ijab*) occurred when the animal was without the defect requiring compensation, meaning the designation did not attach to the *arsh* or its equivalent.
Supporting text
An alternative view suggests that once the animal is designated for sacrifice, the ownership is removed, preventing the buyer from returning it, similar to freeing a slave found to be defective after manumission. On this opinion, taking the *arsh* becomes mandatory. There are two differing opinions on whether the *arsh* belongs to the buyer and whether the designated animal, despite the defect, can still be sacrificed.