Does the buyer have the right to claim compensation (*arsh*) for a defect in a runaway slave?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The ruling is that the buyer has the right to take the compensation for the defect, based on the principle that the item was sold with a defect, which the buyer did not consent to, and he has not yet sought resolution for that defect. This is analogous to the case where the buyer frees the slave. The right to compensation is established because the buyer has not yet nullified the contract regarding the defect.
Supporting text
Al-Thawri and Al-Shafi'i hold that the buyer does not have the right to claim the *arsh*, whether he is able or unable to return the slave, unless the slave perishes. Their reasoning is that since the buyer had not given up hope of returning the slave, the situation is similar to when the buyer sells the slave after possession.