What is the buyer's liability if the item is possessed under a void contract?

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

Al-Mughni

Book of Sales

Book 12 · Issue 9 · Bab 5

Open in Qurani

Primary text

The buyer must return the sold item along with any connected increase (accession, both attached and detached) and the fair rental value (ujrat mithl) for the period it remained in possession. If the item is diminished, the buyer is liable for the depreciation because the item as a whole is guaranteed, meaning its parts are also guaranteed. If the item perishes in the buyer's hand, the buyer is liable for its value on the day of destruction, according to Al-Qadi, as the buyer took possession with the owner's permission, resembling a loan for use (ariya). It is more sound that the liability is for the highest value the item attained while in possession, as the owner's property rights were intact during any increase, thus liability for total loss must mirror liability for reduction during increase.