What recourse does the initial seller have if the buyer, unaware of the initial defect, sells the item to a second buyer who then exercises their right to return or claim Arsh?

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

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 5

Open in Qurani

Primary text

If the initial seller is deemed not entitled to Arsh, and the second buyer discovers the defect and returns the item or claims Arsh from the first buyer, then the initial seller is entitled to claim their Arsh [from the party who wronged them, presumably the party they sold the item to, or it implies a reversal of positions]. This is the position of Al-Shafi'i when the second buyer cannot return the item due to a defect that occurred while in their possession. In such a case, the first buyer has not addressed their grievance, and each buyer reverts to claiming the portion of the defect cost corresponding to the price they paid for it, as previously detailed.