If two non-divisible items were purchased, and the buyer sold one, what is the ruling upon discovering a defect in the remaining item or learning both were defective from the start?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the two purchased items do not suffer a loss in value upon separation, the matter is subject to the two established narrations concerning the separation of a single transaction (*tafriq al-safqah*). Al-Qadi stated that the issue hinges entirely upon the principle of separating the transaction, regardless of whether the purchased item was one or two entities. The detailed categorization previously mentioned is superior.
Supporting text
The categorization mentioned previously suggests that if the items do not suffer harm from separation, the issue reverts to the dispute over separating the transaction. However, the detailed differentiation based on the nature of the items is preferred.