at liberty: if he wishes, he may keep it, and if he wishes, he may return it along with a sāʿ (standard measure) of dates.” (1) In another narration: “He has the option for three days.” (2) That is, the Prophet, may Allah’s peace and blessings be upon him, gave him the option for three days: if he wishes, he may keep it, and if he wishes, he may return it. He stipulated three days so that the milk yield may become settled, for it may in fact remain at this high level. If he wishes, he may keep it without any compensation, for this is what the hadith apparently indicates; and if he wishes, he may return it and return with it a sāʿ of dates.
He may nevertheless keep it even if its milk yield is low, because he wants this particular animal; or the price may rise during that period, so he chooses to keep it even if its milk yield is low. But if he says, “I wish to return it,” we say: There is no problem; return it along with a sāʿ of dates.
At this point, several questions arise:
First: Is this sāʿ of dates compensation for the milk produced after the sale contract, or compensation for the milk that was present at the time of the contract?
The answer: This sāʿ is compensation for the milk that was present at the time of the contract, because the milk present at the time of the contract belonged to the seller. As for what was produced after the contract, it belongs to the buyer. It has previously been stated that any separate increase in the item sold belongs to the buyer.
Second: Why did he specify it as a sāʿ, when it may be worth more than a sāʿ or less than a sāʿ?