What is the ruling if a slave instructs a man to purchase him from his master, and upon purchase, the slave is discovered to be free?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The guarantee or liability for the resulting loss rests upon the master who sold the slave. This view is stated by Ahmad and adhered to by Abu Hanifa, provided the master was present when the slave misled the buyer. The basis for holding the master liable is that he received the purchase price without rightful claim, thereby assuming the warranty (*al-'uhdah*), analogous to the situation where the master was present during the deception. This liability remains the same even if the master was absent.
Supporting text
If the master was absent when the slave committed the misrepresentation, the liability rests upon the slave because the deception originated from him.