Who bears the liability if a purchased slave is found to have been usurped (ghasb) or to have a defect, and is subsequently returned?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 5

Open in Qurani

Primary text

The liability rests upon the master who sold the slave, based on the principle that the master received the price without rightful claim and thus assumed the warranty.