What is the remedy if a buyer sells part of a purchased item and then discovers a defect in the remaining part?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The buyer is entitled to receive the *arsh* (compensation for defect) for the portion of the item still in his possession. Regarding the *arsh* for the portion already sold, there is a disagreement following the ruling concerning the sale of the entire item when defective. If the buyer wishes to return the remaining part while claiming a proportional refund of the price, Kharaqi holds that this is permissible, a position attributed also to Ahmad. However, the correct view maintains that if the purchased item is a single entity or two items whose separation impairs their value (like a door leaf or a pair of shoes), the return is not permitted due to the harm caused to the seller by the diminished value or the imposition of joint ownership, which prevents complete utilization.
Supporting text
Those supporting the prohibition of partial return include Sharih, al-Sha'bi, al-Shafi'i, Abu Thawr, and the Companions of Opinion (Ashab al-Ra'y). Furthermore, scholars of our school state that when two items are purchased and separation impairs their value, returning only one is impermissible due to harm. Similarly, if the purchased item becomes defective while in the buyer's possession, the buyer cannot return it unless he also compensates for the newly incurred defect, meaning he cannot return it in the current case, defective through shared defect or diminished value, without compensation, unless Kharaqi meant the case where the seller actively concealed the defect; in that instance, the buyer's liability for the subsequent defect remains, as previously established.