that he did not know about, and he must swear to this if the purchaser so claims.

Anyone who completes a sale under a blanket disclaimer is thereby free of the three-day warranty, the one-year warranty, and every defect of which he was unaware. The compulsory sale carried out by the ruler for the assets of a bankrupt, and the sale of war booty, are likewise treated as disclaimer sales; on this point Malik’s position shows no divergence. He did, however, differ in regard to the disclaimer clause for non-slave livestock and for inherited property: at one time he considered such a disclaimer beneficial, but later withdrew that opinion.

A seller is not cleared of the defect of abq (a runaway slave) merely by disclaiming it unless he specifies how long the slave was absent, both in time and in distance. The same applies to every other defect: he is not discharged until he puts the buyer fully on notice, both parties possessing identical knowledge with nothing concealed. He is not absolved of the defect of theft until he states exactly what instances of theft have been established, nor of insanity until he specifies how often the sufferer is seized—whether monthly, weekly, or the like.

If, in a disclaimer sale, the seller informs the purchaser of one defect he knows about and the buyer later discovers another defect of which the seller was ignorant, the sale is not annulled on that account, and the seller incurs no liability.

A disclaimer of pregnancy is invalid in the case of an adolescent slave-girl, but it is permissible for a waksh slave so long as the seller has not admitted to intercourse with her. Ibn al-Qasim nevertheless judged the sale of an adolescent slave-girl with a disclaimer of pregnancy to be invalid, even when the seller does not admit to having had relations with her.

For merchandise whose defect is hidden inside—such as timber, walnuts, or cucumbers—so that the flaw becomes apparent only after cutting or breaking, any subsequent loss is borne by the purchaser, except for eggs, where the loss is borne by the seller, though this last point is a matter of dispute.