What recourse does the buyer have if he breaks the item to the extent that it loses all residual value?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 6 · Bab 5

Open in Qurani

Primary text

If the buyer breaks the item such that it retains no value, he is entitled only to the Arsh (reimbursement for the defect). This is because he has destroyed the remainder of the item. The Arsh of the defect is calculated as the difference between the price of the item if it were sound and the price of the item as defective before it was broken. The value is estimated by assessing the item soundly, then assessing it as defective but intact (unbroken), and the buyer receives the proportional difference in price.