If both purchased items remain and are defective, and there is no impediment to returning them, may the buyer return only one?

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

Al-Mughni

Book of Sales

Book 12 · Issue 5 · Bab 5

Open in Qurani

Primary text

Al-Qadi stated that the buyer is not permitted to return only one item while keeping the other. Only the prohibition against returning one was mentioned concerning this situation. By analogy, this situation is similar to the previous case where only one item was defective, because if keeping one sound item prevents the return when both are defective, it should also prevent the return when one is sound.