Whose property is the compensation (Arsh) when a purchased slave, who was later freed by the buyer, is discovered to have a defect discovered after emancipation?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The compensation (Arsh) acquired by the buyer after freeing the defective slave belongs to the buyer. This is held because the emancipation related only to the defective slave itself, and the portion corresponding to the Arsh was not subject to emancipation nor was it physically present at the time of emancipation. Furthermore, the Arsh is not a substitute for the slave but rather a proportion of the purchase price assigned against the missing portion of the sound item. Therefore, when that portion of the sold item was lacking, the corresponding portion of the price returns, as if the contract regarding that part was void. This principle is supported by the fact that the return is calculated from the price, not the slave's value.
Supporting text
There is another narration from Ahmad, held also by Al-Shafi'i, suggesting the Arsh should be applied towards freeing slaves ('fi al-riqab'). This alternative view posits that since emancipation was established by God's decree over the neck (Raqabah), nothing from its substitute should revert to the individual. However, the stronger opinion holds that this narration applies to the case where the slave is freed as atonement (Kaffarah), where returning anything is impermissible, similar to a Mukatab who pays part of his manumission fee.