What is the ruling regarding the rescission of the primary object when it has produced a natural increase (offspring or fruit) while in the buyer's possession?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The buyer returns the original object without returning the resulting natural increase (offspring, fruit, milk). This is the position of Al-Shafi'i. The basis for this is that the increase arose in the buyer's possession, thus it does not prevent the rescission, similar to gains when the item was in the seller's possession or acquired earnings. Furthermore, since it is a separate increase, the original object can be returned without it, like earnings or fruit according to Malik's view on fruit.
Supporting text
Malik maintains that if the increase is fruit, it is not returned, but if it is offspring, it is returned with the mother, as the rescission acts as a ruling that extends to its offspring, analogous to the ruling concerning the act of writing a deed of manumission (Kitabah). Abu Hanifa argues that any increase arising in the buyer's possession prevents rescission because the original object cannot be returned without it, as the increase is a consequence (sabab) of the contract, and the contract cannot be overturned while its immediate cause remains. Moreover, it cannot be returned alongside the principal object because the contract did not cover it.