Section
As for the third case—where he buys the slave for dinars payable at a future date, then discovers a defect—there are likewise two possibilities:
First: the seller reaches a settlement with him on condition that he does not return the slave.
Second: the buyer reaches a settlement with the seller on condition that he returns the slave.
If the seller agrees to give the buyer something extra in settlement on condition that he does not return the slave, and this additional payment consists of dinars—the original sale having also been for dinars—it is not permissible if the additional dinars are payable immediately or at a date other than that fixed for the price. This is because it is as though he had sold him a slave and dinars in exchange for dinars payable at a future date. If, however, the additional dinars fall due on the same date as the price, that is permissible, because it constitutes a set-off: when payment falls due, he offsets them against the price and collects the amount due. It is thus as though he had reduced the price because of the defect the buyer complained of. If the additional payment consists of dirhams, it is not permissible, whether payable immediately or later. If it consists of goods, it is permissible if they are delivered immediately, but not if their delivery is deferred.
If, however, the buyer agrees to give the seller something extra in settlement on condition that he returns the slave, and this additional payment consists of goods delivered immediately, that is permissible, but deferred delivery is not. If it consists of dinars, whether payable immediately or later, it is not permissible unless they fall due on precisely the same date as the original price, since it then constitutes a set-off. If it consists of dirhams, it is not permissible, whether payable immediately or later.
This is because, if the additional payment consists of goods to be delivered later, the transaction entails replacing one debt with another: the deferred price owed by the buyer is replaced with goods delivered immediately—namely, the slave—and goods delivered later—namely, the additional payment. If the additional payment consists of dinars paid immediately, the original sale having also been for dinars, it entails what arises in one of Rabīʿah’s two cases: reducing the debt in return for early payment, and exchanging goods and gold for gold payable at a future date. The same applies if the additional dinars are deferred. If the additional payment consists of dirhams, whether payable immediately or later, the transaction entails deferred currency exchange.
This is the detailed analysis of this question. Its various forms thus comprise nine cases: three where the slave is no longer available for return, and six where he remains available. Success comes from Allah Most High.