Is the primary ruling concerning a seller who sold a defective item entitled to compensation (Arsh) under all circumstances?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The foundational principle of the school of thought dictates that the seller is entitled to compensation (Arsh) in all circumstances, irrespective of the seller's prior knowledge or ignorance of the defect. This is because the initial option given to the buyer was to either return the item or retain it and take the Arsh; the act of selling the item is treated as equivalent to retaining it. Moreover, the Arsh represents compensation for the missing element of the sold item, and it should not be invalidated by the act of selling or by any form of consent, similar to a case where ten measures of grain were sold, but only nine were delivered, and the buyer then sold those nine.
Supporting text
The counterargument that the seller has addressed their grievance by selling is invalid because the grievance is against the original seller, and the selling party did not address it with that original seller. Instead, the buyer has been wronged, and this subsequent sale does not negate the right arising from the original wrongdoer. This view is supported as the correct position of Malik, and Abu Al-Khattab reported two narrations from Ahmad regarding the right of the seller of a defective item to claim Arsh, without distinguishing between the seller's knowledge or ignorance of the defect.