What is the ruling when an item whose defect is only revealed upon breaking it (like fruits or eggs) is broken by the buyer and found defective?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
There are two established reports concerning the buyer who breaks an item like a watermelon, pomegranate, nuts, or eggs to discover a defect. One view, held by the Madhhab of Malik, states that the buyer cannot return anything to the seller because there was no deception or negligence from the seller, as the defect could not be known without breaking it, making it akin to a disclaimer of defects.
Supporting text
The second report, which is the apparent position of the Madhhab (Hanbali school), and the view of Abu Hanifa and Al-Shafi'i, maintains that the buyer has the right to recourse against the seller. This is because the sale contract implies soundness, and when found defective, the buyer gains the option to rescind. Furthermore, the seller is only entitled to the price of the defective item, not the sound one, as he did not deliver soundness. The argument that the seller was not negligent does not permit him to claim the full price for something he did not deliver soundly, similar to a defect in a slave unknown to the seller.