What is the buyer's recourse if the seller practiced deception regarding a defect and the item subsequently incurred damage while in the buyer's possession?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the seller committed deception and the buyer was unaware until the item incurred a defect while in the buyer's possession, the buyer has the right to return the item and reclaim the full purchase price without any compensation for depreciation (*arsh*). This applies whether the subsequent defect resulted from the buyer's action (like breaking the virginity of a slave woman or cutting fabric), the action of another human agent (like assault), the slave's own action (like running away or absconding), or an act of God (like illness), regardless of whether the defect diminishes the item or destroys it entirely.
Supporting text
Imam Ahmad ruled concerning a man who bought a slave who then absconded, and the buyer provided evidence that the absconding occurred while the slave was in the seller's possession, that the buyer is entitled to the full price from the seller, because the seller defrauded the buyer, and the seller must follow the slave wherever he goes. This ruling is also attributed to Al-Hakam and Malik, based on the principle of returning to the one who defrauded, similar to defrauding regarding the freedom of a female slave. The apparent meaning of the Hadith concerning the *Musrah* (a practice of fattening livestock before sale) suggests that what occurs in the buyer's possession is their responsibility, whether the seller practiced deception or not, because *Tasriyah* (the act associated with *Musrah*) is deception, yet the buyer was still responsible for the milk, compensating by offering a *sa'* of dates, despite the prohibition against *Tasriyah*.