If a slave is purchased with a condition that their property (mal) is included, what happens to that property upon rescission of the sale (e.g., due to a defect)?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If a slave is purchased with the property included by stipulation, that property must be returned along with the slave upon rescission, whether due to defect, option, or mutual cancellation (iqalah). This is because the property is a specific asset acquired by the buyer that cannot be separated from the main subject of the sale; thus, it must be returned upon annulment, similar to the slave itself. Furthermore, if the slave possesses property, their value is increased, and taking the property reduces that value, making its retention impermissible until the reduction is rectified.
Supporting text
Dawud held that only the slave should be returned, not their property, because the property was not part of the original sale contract, thus resembling newly acquired growth (nama' hadith).