What recourse does a buyer have if a slave who previously ran away is discovered to have a defect?

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

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 5

Open in Qurani

Primary text

If a slave who had run away (abq) is sold and the defect is discovered afterward, the buyer has the right to take the compensation (*arsh*) for the defect. If the buyer takes the *arsh* and later regains possession of the slave, the ruling differs based on prior history. If there was no known history of running away before the sale, the slave is considered to have acquired a new defect while in the buyer's possession. In this case, there are two narrations regarding whether the buyer can return the slave, the compensation for the defect acquired while in his possession, and the compensation previously taken for the defect existing at the time of sale. However, if the slave was known to be a runaway prior to the sale, the buyer has the right to return the slave, claim back the *arsh* taken for the defect, and take back the purchase price.