Is a stipulated condition regarding a desired attribute in a sale valid if the absence of that attribute is not typically considered a defect?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 5

Open in Qurani

Primary text

The stipulation of a desired attribute, even if its absence is not conventionally deemed a defect, is valid. This condition grants the buyer the option to rescind the contract upon its non-fulfillment. Examples include stipulating a slave must be a Muslim, or specifying characteristics like being a virgin (bikr), skilled in a particular craft, or able to produce milk. If the attribute stipulated is proven otherwise, the buyer possesses the option to rescind the sale, reclaim the price, or accept the item as is. There is no known disagreement on this principle because the condition pertains to a desirable quality, making it enforceable through the contract. Evidence is established by the fact that such stipulations relate to desirable features intended by the buyer.