and he must therefore shoulder the defect, with no right of recourse against the seller; his conduct is deemed acceptance of the slave.

If, however, the seller alleges that the buyer had intercourse with her after learning of the defect—claiming that someone he trusts informed him of this, or that the buyer himself once admitted it—while the buyer denies the charge, the oath is required of the buyer: he must swear that he did not have intercourse with her after discovering the defect. Should he refuse to swear, he may neither return her nor claim any compensation.

Chronic non-menstrual bleeding (istiḥāḍah) is a defect that entitles the buyer to rescind the sale, provided it was not disclosed at the time of purchase.

Whoever buys a defective mount and, while travelling, discovers the defect yet is forced by necessity to ride the animal, faces two opinions reported from Mālik. One view allows him to return it; the other binds the sale upon him, holding that by riding it he has assumed liability for its defect.

Any defect that arises in a slave—or similar property—after the contract is concluded is borne by the buyer, whether it occurs before he takes possession or afterward. The same rule applies to all other goods, except those whose possession is effected only by measuring or weighing.

Any produce or revenue the buyer earns from a defective item before returning it remains his; he is not required to return anything, for such profits are covered by the warranty he assumes.

If someone sells a slave with a hidden defect, conceals it, and the slave later dies because of that very defect, and proof is established—either by witness testimony or the seller’s own confession—that he engaged in fraudulent concealment (tadlīs), the loss falls on the seller. Should the slave die from a different defect, the buyer may recover from the seller only the amount of compensation corresponding to the undisclosed defect, and nothing beyond that.

When a person buys several items in a single transaction—whether a group of animals or assorted goods—and then discovers a defect in some of them, the ruling depends on the item affected. If the defect is in the least valuable and least important of the lot, he simply returns the faulty item for its proportionate share of the price; but if the defect is found in most of the goods, in the principal item, or in what is regarded as the superior portion, he may either keep all of them without receiving any compensation