Does the option to void a sale apply if a change affecting perceived value occurs without the seller's intention or deception?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If changes occur naturally without intent, such as milk accumulating in an udder without premeditation, a female slave's face reddening due to shyness or exertion, or her hair darkening due to accidental staining, the view of Al-Qadi is that the buyer still has the right to return the item. This right is established to repel the harm (*darar*) inflicted upon the buyer, and harm must be repelled whether it was intended or not, thus assimilating it to a genuine defect (*'ayb*).
Supporting text
There is an alternative consideration that the option to void the sale is not established if the redness of her face is due to shyness or fatigue, as these are plausible natural occurrences. In such a case, the presumption defaults to her original natural state, which is mere conjecture and insufficient to justify rescission, similar to the darkening of a male slave's fingertips.