Is the inability of a purchased scribe or craftsman to perform their trade considered a defect discovered after purchase?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If a purchased item is a scribe or craftsman, and the defect (inability to perform the trade) is forgotten by the buyer, and subsequently discovered, it is considered a subsequent defect occurring under the buyer's possession, and its ruling is the same as other defects. The ruling is that the sale is rescinded. This is because craftsmanship (Siyagha) and writing ability are valuable qualities, guaranteed (Tadammun) in cases of wrongful seizure (Ghasb), and are necessitated by condition in a sale. Thus, they resemble essential qualities and usufructs, like hearing, sight, and intellect. The argument that the defect could return upon recollection is refuted by considering that eyesight and pregnancy are not necessarily recovered.
Supporting text
There is a narration from Ahmad that the item should be returned, but nothing should be returned with it. Al-Qadi justified this by stating it is not a deficiency in the physical item itself, and the ability to remember or recall the skill might return. A parallel argument suggests the same applies if the purchased item was fat and subsequently became lean. The sounder opinion holds that the ruling mentioned above applies unless the seller actively concealed the defect.