and spoilage, whereas dates are a specific commodity designated by the Messenger of Allah, may Allah’s peace and blessings be upon him, so we must not go beyond them.
In my view, this is closer to what is correct. Even if it had no supporting basis other than following the sunnah, that would be sufficient. Thus, if the buyer wishes to return the milk, he should be told: “You must return one sāʿ of dates.” Likewise, if the seller wanted the milk and said, “Give me the milk you milked; it is with you now, and you have neither drunk it nor disposed of it,” while the buyer said, “No; I will give you one sāʿ of dates,” whose statement is to be accepted?
The answer is that the buyer’s statement—that he will return one sāʿ of dates—is accepted. Accordingly, the view of the one who says, “I will return the sāʿ,” is accepted. The seller may say to the buyer, “Give me the milk you milked, since it is now with you,” while that milk may be worth three sāʿs of dates; but the buyer says, “I will give you only what the Prophet, may Allah’s peace and blessings be upon him, prescribed.”
In summary, the statement of whoever seeks what the Messenger of Allah, may Allah’s peace and blessings be upon him, specified and determined is the one that is accepted.
Fifth: If the milk has no legal monetary value—as when someone purchases a she-ass whose udder has been artificially made to appear full of milk—must he return one sāʿ of dates? This would be the case if the buyer said, “I have a young donkey, and although this milk has no value for human beings, since it is unlawful, it does have value for a young donkey.”
The reply is that it has no legal value and therefore entails no compensation. However, since the seller deceived you and you purchased a she-ass whose udder had been made to appear full of milk, you have the right to return it.