What is the implication of the principle 'The yield is against the guarantee' (*Al-kharaj bi ad-daman*)?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The saying of the Prophet (peace be upon him), 'The yield is against the guarantee,' indicates that whoever is entitled to the benefit (*kharaj*) must also bear the liability (*daman*), as the guarantee is established as the cause for the entitlement to the benefit. If the liability rested upon the seller, the benefit would belong to the seller, due to the existence of the cause. The liability resting on the seller is not established except through explicit text, consensus, or analogy, none of which are known in this matter. Analogy is also inapplicable because no established precedent for this situation is known.
Supporting text
This situation is not analogous to defrauding regarding the freedom of a female slave in marriage, because in that case, recourse is made against the one who committed the fraud, even if he was not the owner of the female slave. Here, if the deception originated from the seller's agent, no recourse is made against the agent.