– al-ḍamān (liability): with an open ḍād; it means suretyship. The preposition “bi-” (“with”) is linked to an omitted word, the sense being: the profits of the sold item belong to the buyer in return for the liability he bears should the item perish, as well as for the costs and upkeep that fall on him.
Ibn al-Athīr explains in al-Nihāyah that the preposition in “bi’l-ḍamān” is connected to an unstated verb; the intended meaning is: the profit is deserved because of the liability.
Points derived from the ḥadīth
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The complete wording, recorded by the four compilers of the Sunan, states: “A man bought a slave in the Prophet’s time. Allah had granted him whatever He willed; later he returned the slave because of a defect he found. The Prophet ﷺ ruled that it be returned on account of the defect. The seller objected, saying, ‘But he has already made use of him!’ The Messenger of Allah ﷺ then said, ‘Al-kharāj bi’l-ḍamān—The right to profit goes hand in hand with responsibility for loss.’”
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The phrase means that any yield or benefit produced by the sold property belongs to the purchaser as compensation for the liability that would be his if the property were to perish. Thus the income offsets the potential loss, for the one who shoulders the risk—should it materialise—deserves the gain. Ibn al-Athīr’s earlier comment clarifies that the profit is due precisely because of this liability.
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This brief yet profound ḥadīth is among the Prophet’s concise, all-encompassing sayings. It contains numerous meanings and has become a foundational legal maxim upon which countless issues and specific cases are constructed.
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Hence, whoever buys land and cultivates it, or livestock and milks or breeds it, or an animal—or even a vehicle—and rides it or uses it to carry loads, then discovers a defect in any of these items, may return the item itself without paying for the benefit he obtained. Had the property been destroyed between the time of sale and rescission, the loss would have fallen on the buyer; therefore, the profit rightly belongs to him.