What is the ruling concerning a defect appearing in the sold item while in the buyer's possession after taking possession (*qabd*)?

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

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 5

Open in Qurani

Primary text

A defect that occurs after the buyer takes possession is the responsibility (*daman*) of the buyer, and it does not grant the buyer the option (*khiyar*) to revoke the sale. This position is held by Abu Hanifa and Al-Shafi'i.

Supporting text

Imam Malik holds that for a slave, there is a warranty period (*'uhda*) of three days, during which anything that happens is the seller's responsibility, except for insanity (*junun*), leprosy (*juzzam*), and white spots (*baras*), for which the option is established if they appear within a year. This is based on the narration from Al-Hasan, on the authority of 'Uqbah, stating the Prophet (peace be upon him) established a three-day warranty for slaves, and based on the consensus of the people of Medina, arguing that latent conditions in animals may manifest later.