What is the duration for exercising the option (Khiyar) related to 'Musarat' (milk retention in livestock)?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The duration for exercising the option (Khiyar) related to 'Musarat' (milk retention) is fixed at three days. The buyer has no right to return the animal before this period passes, nor can he retain it after the three days conclude. This opinion is held by Al-Qadi and represents the apparent view of Ahmad and some Shafi'i scholars. The evidence cited is the Hadith narrated by Abu Hurairah where the Prophet, peace be upon him, stated: Whoever buys an animal whose milk has been retained ('Musarat'), he has the option for three days; if he wishes, he may keep it, or if he wishes, he may return it along with a Sa' of dates. This period of three days is stipulated by the Lawgiver to ascertain the extent of the 'Musarat', as its true nature cannot be fully known earlier. After the three days expire, the 'Musarat' is established, and the option becomes immediately effective.
Supporting text
Abu al-Khattab holds that once 'Musarat' is established, the buyer has the right to return the animal either before or after the three days. This is because 'Musarat' constitutes deception ('Tadlis'), which establishes the option immediately upon its revelation, similar to other forms of deception. Furthermore, the apparent view of Ibn Abi Musa, supported by Ibn al-Mundhir and Abu Hamid among the Shafi'is, is that the option is established throughout the entire three days once the deception is known, based on the apparent meaning of the Prophet's saying which implies the option exists within those three days.