Is claiming compensation (*arsh*) permissible if the buyer loses ownership of the defective item before knowing of the defect due to emancipation, endowment, death, or execution?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the buyer's ownership of the sold item is removed through emancipation (*itq*), endowment (*waqf*), death, or execution before the buyer becomes aware of the defect, the buyer is entitled to claim the compensation (*arsh*). This position is held by Abu Hanifa, Malik, and Al-Shafi'i.
Supporting text
Abu Hanifa uniquely ruled that there is no compensation for the executed person because ownership was removed by an actionable act (*fi'l maḍmūn*), which resembles a sale. The justification for allowing *arsh* is that the buyer did not consent to the defect and did not rectify his grievance, similar to the case of emancipation.