What is the ruling regarding the return of a virgin female slave after consummation by the buyer, followed by the discovery of a defect?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the buyer consummates a virgin female slave and then returns her due to a defect, the buyer must return compensation equivalent to the reduction in value caused by the act of consummation. The amount to be returned is the difference in value between the slave being a virgin and being non-virgin (Thayyib). For instance, if the virgin value was ten and the non-virgin value is eight, the buyer returns two units. This is because upon nullification of the contract, the slave becomes guaranteed at her value, unlike the Arsh taken by the buyer for a pre-existing defect. This view is held by Malik and Abu Thur.
Supporting text
There are differing opinions regarding the return itself: One narration from Ahmad, supported by Ibn Sirin, Al-Zuhri, Al-Thawri, Al-Shafi'i, Abu Hanifa, and Ishaq (which Ibn Abi Musa considers correct for Ahmad), states that the slave cannot be returned, and the buyer only takes the Arsh for the defect. Another narration, held by Shurayh, Sa'id ibn al-Musayyab, Al-Nakha'i, Al-Sha'bi, Malik, Ibn Abi Layla, and Abu Thur, allows for the return of the slave along with compensation for the reduction in value. Shurayh and Al-Nakha'i specified returning one-tenth of the price, while Sa'id ibn al-Musayyab suggested returning ten dinars.