What is the ruling on including the slave's property in the sale when the buyer stipulates ownership, especially concerning issues of uncertainty (Jahalah)?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
Al-Buti stated that if a slave is sold for one thousand Dirhams and possesses one thousand Dirhams, the sale is valid if the buyer's desire is for the slave and not the money, because the money entered the sale as a secondary, unintended element, similar to wall foundations or gold inlay on ceilings. If the property was intended for purchase, stipulating it is valid if the conditions of sale are met, such as knowledge of its nature and the absence of Riba (usury) between it and the price, as required for the two sold items, because it becomes an intended sold item, analogous to annexing another asset and selling both. Al-Buti's view suggests that if the property is intended for purchase, it is treated as an independent asset in the sale, requiring conditions like known quantity and non-usury relationship with the price.
Supporting text
Al-Qadi's view depends on whether the slave can legally own property. If not, stipulating the buyer's ownership of the property means it is sold along with him, subject to conditions applicable to all sales, which is the doctrine of Abu Hanifa. If the slave can own property, ambiguity is permissible regarding the property because it is secondary to the sale, akin to filling in wells, contradicting the explicit statement of Ahmad and Al-Khiraqi, who made the condition’s variance dependent on the buyer's intent, which is considered sounder. The possibility of ambiguity is because it is unintended, like milk in the udder of a sold sheep, the fetus in its womb, or the wool on its back; these are sold, and ambiguity is permissible concerning them for the aforementioned reason. Another view suggests that the property is not sold here; rather, the buyer's retention of the slave’s ownership does not transfer to the seller, which is close to the first position.