Under what conditions is a seller absolved from liability for defects (barā’a min al-‘uyūb) in a sale?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The established opinion is that the seller is absolved from liability for defects only for those defects the buyer was aware of. If the buyer was unaware of a defect, the seller is not absolved concerning that defect. This view is narrated from Uthman, Zayd ibn Thabit, and is the position of Malik. It is evidenced by the famous ruling of Uthman in the case between Ibn Umar and Zayd ibn Thabit concerning a slave sold with a condition of being free from defects, where Ibn Umar was made to swear an oath regarding his knowledge of an existing defect.
Supporting text
One narration from Ahmad states that the seller is not absolved unless the buyer is aware of the defect, which is the view of Al-Shafi'i. Ibrahim, Al-Hakam, and Hammad hold that absolution only applies to what was explicitly named. Shurayh, and similarly 'Ata and Al-Hasan, stipulate that absolution only applies to what the buyer viewed or took possession of. This perspective argues that absolution is a condition benefiting the sale and does not stand without stipulation, akin to the option of rescission (khiyar).