Is the right to the price reduction (Arsh) lost if the buyer refrains from returning the dyed, defective garment?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The buyer's right to the price reduction (Arsh) is not forfeited simply because the buyer abstains from returning the item. This is because returning the item necessitates the buyer relinquishing some of their wealth (the dye cost) along with it. The right to the Arsh remains, just as it would if the defect occurred while the item was in the buyer's possession and the seller wished to take it back along with compensation for the subsequent defect.
Supporting text
The opposing view argues that since the buyer could have returned the item before dyeing it, the right to the Arsh is forfeited, analogous to a slave gaining fat or earnings before the return option is exercised.