Does a buyer have the option to invalidate a sale upon discovering a defect in the sold item?

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

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 5

Open in Qurani

Primary text

The buyer possesses the choice between retention or rescission (faskh) upon discovering a defect in the sold item, irrespective of whether the seller was aware of the defect and concealed it or was unaware. There is no known disagreement among scholars on this ruling. The Prophet's establishment of the option due to *tasriyah* (artificially inflating the value of livestock) serves as an indication of its establishment due to defects. Furthermore, the absolute contract implies freedom from defects, evidenced by the report that the Prophet (peace be upon him) purchased a slave, and the contract stipulated: 'This is what Muhammad ibn Abdullah purchased from Al-'Adda' ibn Khalid, purchasing from him a male or female slave free from any ailment (*daa'*) or hidden defect (*gha'ilah*), the sale of a Muslim to a Muslim.' This proves that the Muslim sale implies soundness. The default state is soundness, and a defect is a subsequent occurrence or contrary to the apparent condition; thus, in the absence of stipulation to the contrary, it is presumed absent. When soundness is lacking, part of the contract's implication is lost, meaning the buyer is not obligated to accept it for the price, and he has the right to return it and take back the full payment.