Does intentional deception (*tadlis*) affecting the price of a female slave grant the buyer the option to void the sale?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 5

Open in Qurani

Primary text

If deception is committed regarding attributes that cause price fluctuation, such as darkening a female slave's hair, curling it, reddening her face, or showing a mill with water retained to increase its perceived efficiency, the option to void the sale (*khiyar*) is established. This ruling is established because the deception relates to something that causes price variation, paralleling the pre-sale collection of milk in an udder (*tasriyah*). Imam Al-Shafi'i holds this view. The ruling applies to darkening the hair, which is agreed upon by Abu Hanifa.

Supporting text

Abu Hanifa distinguishes regarding the curling of the hair, stating that the option to void the sale is not established because it is deception regarding something that is not inherently a defect, similar to darkening a male slave's fingertips to falsely suggest he is a scribe or blacksmith.