What is the ruling regarding compensation (*arsh*) if the sale was through a gift (*hibah*) and the defect was present before knowledge?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
There are two narrations from Ahmad regarding a gift transaction. The first considers it similar to a sale, as the recipient did not despair of being able to return the gift due to the possibility of revocation by the donor. The second, which is deemed preferable, allows the compensation (*arsh*).
Supporting text
The second narration is preferred because the recipient did not rectify his grievance, making it similar to when the item is endowed. The possibility of return is not an impediment to receiving compensation according to our position, evidenced by cases prior to the gift.