What is the recourse if the broken item, whose defect was unknown, retains value when broken (e.g., coconuts, ostrich eggs)?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the item retains value when broken, such as coconuts or ostrich eggs, and the breaking was necessary to ascertain the defect, the buyer is given an option. He may either return the item, compensate for the breakage, and reclaim the price, or he may keep the item and take the difference in value (Arsh) between the sound item and the defective item. This is the apparent view of Al-Khiraqi. The ruling states that if the breakage was necessary to ascertain the defect, the buyer is accountable for the resulting loss (Arsh of the break) because the seller permitted this necessary action when discovering soundness or corruption could not be achieved otherwise.
Supporting text
A differing opinion, voiced by Al-Qadi and supported by Al-Shafi'i, holds that the buyer owes no compensation for the breakage because it occurred during the process of ascertaining the defect, to which the seller implicitly consented by knowing no other means of verification existed. Furthermore, if the breakage was not entirely destructive but still revealed the defect, the ruling remains the same as above according to Al-Khiraqi and Al-Qadi: the buyer chooses between returning the item with compensation for the break and receiving the price, or accepting the Arsh of the defect.