As for a virgin, her defloration is treated as a defect that, in his view, gives the buyer the right of choice, as already explained; the same opinion is also reported from al-Shāfiʿī.
ʿUthmān al-Battī said: Intercourse is something customarily taken into account with that category of slaves. If it affects the price, the seller must refund the amount of the diminution; if it has no effect on the price, he owes nothing. Such is the ruling for any reduction in value that occurs after the sale.
With regard to an increase that arises in the object sold—namely, an addition generated from it and now separate from it—the jurists differed. Al-Shāfiʿī held that the increase does not affect the right of rescission and that it belongs to the buyer, basing himself on the general prophetic maxim, “Profit follows liability.”
Mālik, however, excluded offspring from this rule. He said that the child is returned to the seller, and the buyer’s only alternatives are either to return the mother together with her child or to keep them both.
Abū Ḥanīfah maintained that all such accretions bar rescission and instead require the buyer to pay compensation for the defect, except in the case of ordinary produce and earnings. His argument is that whatever is generated from the sold item is included in the contract; since it cannot be returned along with the original, its loss amounts to a forfeiture that calls for compensation for the defect, not for the share of profit and produce explicitly addressed by the Law.
As for an increase that becomes part of the very substance of the item and cannot be separated from it—such as dyeing or embroidery added to a garment—it produces, according to the school, the buyer’s option: he may either keep the article and recover the value of the defect, or return it and be a partner with the seller in the value of the improvement.
With respect to bodily growth, such as fattening, one view in the school is that it establishes the option, while another denies this; the same applies to a decrease, such as leanness. This, then, is the ruling concerning alteration.