Is the buyer entitled to the *Arsh* (compensation for depreciation due to defect)?

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 established measure within the school of thought dictates entitlement to the *Arsh*. Imam Ahmad affirmed that if a slave is used and the buyer seeks to deduct the value of the defect, he is permitted to do so. However, if the defect is something newly produced after the contract, such as milk from a newly-bought animal, the option to return the item is not voided because the milk belongs to the buyer, allowing him to consume what he owns from the object he wishes to return.

Supporting text

Ibn Abi Musa stated that the buyer is not entitled to the *Arsh*.