Is adultery committed by the wife while in the possession of the buyer considered a pre-existing or newly arising defect?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the wife commits adultery while in the possession of the buyer, and this was not known beforehand, it is considered a new defect arising after the sale, and it is subject to the ruling of subsequent defects. A potential view holds that it constitutes a defect regardless of timing because the legal consequences of adultery become attached to her while in the buyer's possession.