What is the ruling if one of two purchased items perishes, becomes defective, or a defect is found in one or both, and the buyer seeks to return them?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The ruling in such cases follows the detailed categorization and the existing scholarly disagreement previously outlined. If the two parties dispute the value of the perished item, the statement of the buyer, accompanied by his oath, is accepted. This is because the seller is asserting a claim regarding an increase in value, which the buyer denies. Furthermore, the buyer is akin to someone liable for damages (*gharim*), as an increase in the value of the perished item increases the amount he is obligated to compensate, placing him in the position of a borrower or a wrongful possessor.