What is the ruling when silver jewelry purchased by weight against dirhams is found defective?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If silver jewelry bought by weight against dirhams is found defective, the buyer has the right to return it but not to claim compensation (*arsh*). This is because allowing *arsh* would lead to unequal exchange in a transaction requiring equivalence.
Supporting text
If a new defect occurs while the item is in the buyer's possession, one narration permits him to return it while deducting the value of the newly introduced defect from the refund. Another opinion holds that return is impermissible because it implies an unequal exchange, as the return dissolves the contract, and the compensation should only be the *arsh* for the new defect, similar to an injury caused by the owner's property, or if the judge dissolves the sale.