Does the option to return persist if the buyer knew about the withholding (Tashriyah) before purchasing?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the buyer was aware of the withholding (Tashriyah) at the time of purchase, the option to return is not established. This is because the buyer entered the transaction with full awareness of the deception, similar to one who buys an animal whose hair color has been artificially darkened while knowing this fact. Since the buyer entered based on insight, the right of rescission is not granted.
Supporting text
The companions of Al-Shafi'i argued in one view that the option remains even if the buyer knew, because the interruption of milk flow has not yet occurred, and the milk might return to normal, thus the silence is not considered acceptance. However, this is refuted by analogy to other known defects; the continuation of high milk yield being a rare occurrence should not determine the ruling.