What is the ruling if the buyer returns the animal after milking, but the milk remains fresh and unchanged?

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

Al-Mughni

Book of Sales

Book 12 · Issue 7 · Bab 5

Open in Qurani

Primary text

If the buyer milks the animal, leaves the milk in the udder, and then seeks to return the animal, the buyer is entitled to return the milk itself, and owes nothing further. The primary justification is that the buyer is able to return the object of the contract; therefore, the substitute (dates) is not required, following the general principle for returned items. The Hadith specifying dates applies specifically to the situation where the milk is gone.

Supporting text

A differing opinion suggests the seller is not obligated to accept the returned milk because the animal has been partially consumed (milked), and some argue the udder is a safer storage for the milk than keeping it outside. This view is countered by the fact that keeping milk in the udder indefinitely is harmful to the animal, and the purpose of the date compensation was precisely to address the loss of milk.