To whom must the money be returned if the purchased slave is returned due to a defect, or if a marriage gift (mahr) is returned due to consummation not occurring before divorce or apostasy?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
When the slave is returned due to a defect, or returned through mutual rescission (iqalah), or when the *mahr* given to a woman is returned because the husband divorced her before consummation or she apostatized, there are two possibilities regarding the repayment of the sum to the original payer. One opinion holds that the repayment is due to the original payer because the act of payment originated with them, similar to the previous ruling. The second opinion states the repayment is due to the buyer and the husband, as the payer's act constituted a gift to them, evidenced by the discharge of their liability, and a received gift cannot be revoked.
Supporting text
If the payment was made with the authorization of the buyer or husband, it is possible that the ruling follows the scenario where payment was made without authorization, especially if the action was purely a voluntary donation. However, it is also plausible that the repayment falls upon the buyer and the husband if their original contract remains valid in all circumstances, as their permission for payment to the creditor acts as acceptance and receipt. If they authorized the payment as a loan (*qard*), then the repayment is due from them, and the lender seeks recompense from them for the loan amount.