Under what conditions does the right to return an item with a prior defect revive after the initial buyer sells it?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the initial buyer regains possession of the item, whether through being sold back to them by the subsequent buyer, rescission (iqalah), a gift, a second purchase, or inheritance, the right to return it based on the original defect is generally upheld, according to the apparent position of Al-Qadi. The rationale is that the cause necessitating the return (the defect) remains present, and the previous impediment (the cessation of ownership) has been removed, thus mandating the allowance of the return.
Supporting text
If the initial buyer sells the item back to the original seller, and the item possesses a defect that existed at the time of the first contract, the buyer has the right to return it to the second seller. Subsequently, the second seller can return it to the first seller. The benefit in such a return occurs when the second purchase price differs from the first, especially if the second price is higher.