If two items are purchased, and one is found to have a defect, what are the options if separation is permissible or impermissible?

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

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 5

Open in Qurani

Primary text

If two items are purchased and one has a defect, and they are either items whose separation is impermissible (like a child with its mother) or separation does not diminish their value, the buyer must either return both items or keep both while accepting the *arsh* for the defect. If separation is permissible, there are two narrations. The first is that the buyer must return both or keep both and take the *arsh*. This aligns with the apparent view of Al-Shafi'i and Abu Hanifa's position prior to acceptance (*qabd*), as returning a partial sale is not permissible for the buyer, similar to when separation causes damage. The second narration permits the buyer to return the defective item and keep the sound one. This view is held by Al-Harith al-'Ukkli, Al-Awza'i, and Ishaq, and it is Abu Hanifa's view after acceptance (*qabd*), because returning the defective item in a manner that causes no harm to the seller is valid, just as returning the entirety is valid, unlike the case where separation causes harm.