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As for loss affecting something other than the purchased item itself—for example, someone buys date palms together with their fruit before it ripens, whether before or after pollination, or a slave together with his property, and the slave’s property is destroyed or the fruit is lost to a calamity, after which the buyer discovers a defect in the purchased item—there is no disagreement that this does not constitute an alteration affecting the right of return. The buyer may either return the item without owing anything or retain it without recovering anything.
As for a diminution resulting from a customary alteration made by the buyer to the purchased item—for example, buying cloth and dyeing or cutting it, thereby reducing its value—this does constitute such an alteration, by agreement. The buyer may either retain it and recover compensation for the defect, or return it together with compensation for the diminution it suffered in his possession. If, however, the seller concealed the defect, the buyer owes no compensation for that diminution when returning it.
If the buyer wishes to retain it, there are two opinions on whether he may recover compensation for the defect. The first is Ibn al-Qāsim’s opinion that he may. (The second) is the opinion of Ibn al-Mawwāz and Asbagh: he may not do so where the diminution resulted from something other than craftsmanship, such as cutting; he may do so only where it resulted from craftsmanship, such as dyeing and similar work. Both opinions have a reasoned basis.
The seller is presumed not to have concealed the defect unless this is proved against him or he admits it. If he denies having known of it, or claims to have forgotten it, he is required to swear an oath to that effect. If he swears, the buyer is then given the choice, according to Ibn al-Qāsim. Ibn al-Mawwāz, however, related from Mālik that the seller is not required to swear until the buyer has been given the choice and has chosen to return the item, since there is no point in requiring his oath if the buyer chooses to retain it and recover compensation for the defect.
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This is one of five cases in which the ruling differs between a seller who concealed a defect and one who did not. (The second) is where the purchased item suffers a defect or damage while in the buyer’s possession as a consequence of the defect it had when sold. For example, someone sells a slave prone to absconding, who then absconds while in the buyer’s possession, or a slave prone to theft, who then steals while in the buyer’s possession and has his hand cut off, and similar cases. If the seller concealed the defect in that sale, he bears liability for what befell the item while in the buyer’s possession. If he did not conceal it, no such liability arises in relation to the buyer. (The third)