Section
An increase resulting from market fluctuations is disregarded and gives the buyer no additional option. The same applies to an improvement in the condition of the item sold, as when a slave learns trades and becomes proficient, thereby increasing his value. As for an increase in the item itself through new growth, such as an animal becoming fat or a young individual growing to maturity, or through the addition of something of the same kind, such as offspring born to the item sold, the scholars of our school have differed. Concerning an animal becoming fat or producing offspring, they hold two opinions: (the first) this does not constitute a material alteration, and the buyer may either return the animal in its present condition, return it together with its offspring if it has given birth, or retain it and recover nothing; (the second) this constitutes a material alteration, and the buyer may either return the animal in its present condition, or together with its offspring if it has given birth, or retain it and recover compensation for the defect. Concerning a young individual growing to maturity, they hold these same two opinions, as well as a third, stated in al-Mudawwana: this constitutes a material alteration, and the buyer is entitled to compensation for the defect but has no option to return the item. There is no distinction between these three cases, unless advancing age constitutes a diminution, as with senility and the like.
An addition to the item sold of something of a different kind includes, for example, buying a slave who has no property, who then acquires property while in the buyer’s possession through a gift, charity, or profits from trade, provided this is not part of his kharāj (yield); or buying a palm tree bearing no fruit, which then bears fruit while in the buyer’s possession, after which he discovers a defect. There is no disagreement that this gives him no additional option. He may either return the slave together with his property, or the palm trees together with their fruit, provided it has not ripened, and recover the costs of watering and tending them, according to Ibn al-Qāsim’s position; or he may retain the item and recover nothing, in either case.
As for an increase resulting from workmanship added by the buyer, such as dyeing, sewing, beating the cloth, and similar work that cannot be removed without damaging the item, there is no disagreement that this gives him the option either to retain it and recover compensation for the defect, or to return it and become a co-owner to the extent of the value added by his dyeing or similar work. This is because he has spent his money on it, and his expenditure must not be lost.
Section
The procedure is as follows: the cloth is valued as of the day of sale, free of the concealed defect. If its value is one hundred, it is also valued as of the day of sale with the concealed defect. If its value is eighty, it is then valued again