as it is related: “A man bought a slave boy, who remained with him for as long as Allah willed. He then discovered a defect in him and brought his dispute with the seller before the Prophet ﷺ, who ruled that he be returned. The seller said, ‘O Messenger of Allah, he has benefited from my slave’s earnings.’ The Messenger of Allah ﷺ replied, ‘The income belongs to the one who bears liability.’”

The scholars do not disagree about this as a general principle. They disagree only over its details: what constitutes income to which the buyer is entitled, and whether he is entitled to recover what he has spent on property from which no income can be derived.

To explain this, income falls into two categories: (first) that which is not produced by the item sold, but arises from using the item itself, such as slaves employed in service or hired out, dwellings occupied or let, and similar things; and (second) that which the item itself produces, such as the fruit of date palms, the wool and milk of sheep, and similar things.

As for income not produced by the item sold, whatever the buyer derives from it until the day he returns it because of the defect belongs to him, and its upkeep is his responsibility. There is no difficulty here requiring further explanation.

As for what the item itself produces, this falls into two categories: (first) produce ordinarily collected little by little as it is produced, such as the milk of sheep and similar animals; and (second) produce collected only at its customary times, such as the fruit of date palms, the wool of sheep, and similar things. The first category is governed by the same rule as income not produced by the item sold: whatever the buyer derives from it until the day of return belongs to him.

As for the second category—fruit that separates from date palms and similar fruit-bearing trees—there are four possible situations: (first) the trees bear no fruit on the day of sale; (second) they bear fruit that has not been pollinated; (third) they bear fruit that has been pollinated; and (fourth) they bear ripe fruit.

In the first situation, where the date palms bear no fruit on the day of purchase, there are four possibilities: (first) the buyer discovers a defect and returns them on that account before they bear fruit; (second) he discovers a defect and returns them when they have begun to bear fruit, but it has not yet been pollinated; (third) he discovers a defect and returns them after the fruit has been pollinated; and (fourth) he discovers a defect and returns them after the fruit has ripened, whether or not it has dried, whether or not it has been harvested, and whether, after harvesting, it is still on hand or is no longer available.

In the second situation, where the date palms bear unpollinated fruit on the day of purchase, there are three possibilities: (first) the buyer discovers the defect and returns them on that account while the fruit remains unpollinated; and (second) he discovers the defect and returns them after the fruit has been pollinated,