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الفتح الربانی
Fath al-Rabbani
أبواب أحكام العيوبChapters on Rulings of Defects
بَاب مَا جَاءَ فِي عُهْدَةِ الرَّقِيقِ وَأَنَّ الكَسْبَ الْحَادِثَ لا يمنعُ الرَّدْ بِالْعَيْبِChapter: What has been reported regarding the guarantee of slaves and that new earnings do not prevent return due to defect
Hadith 5938
اُردوEn
عَنْ عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا أَنَّ رَجُلًا ابْتَاعَ غُلَامًا اسْتَغَلَّهُ ثُمَّ وَجَدَ أَوْ رَأَى بِهِ عَيْبًا فَرَدَّهُ بِالْعَيْبِ فَقَالَ الْبَائِعُ غَلَّةُ عَبْدِي فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ الْغَلَّةُ بِالضَّمَانِ وَفِي لَفْظٍ الْخَرَاجُ بِالضَّمَانِ
It is narrated from Sayyidah Aisha (may Allah be pleased with her) that a man bought a slave and benefited from him, but later he found a defect in him and returned him. The seller said: The earnings of my slave (should also be given to me). The Prophet (peace and blessings be upon him) said: The earnings (and profit) are in exchange for the guarantee.
Brief Explanation
Benefits: … Al-Khiraaj: Such benefit and profit which the buyer obtains from the sold item. Bil-Dhaman: This profit will be in exchange for the guarantee and responsibility which will be incumbent upon the buyer.
Al-Khiraaj bil-Dhaman: The meaning of this phrase is that when a person purchases land, an animal, a slave, or any item and derives benefit from it, then he finds in it such a defect or flaw due to which he returns the item, now whatever profit he has obtained from this item during those days will belong to that buyer, and this profit will not be returned along with the item. The reason for this is that if this item had perished during the period between the contract and its annulment, its responsibility would have been upon the buyer, and all the loss would have been his; therefore, he alone is entitled to the income as well.
Al-Khiraaj bil-Dhaman: The meaning of this phrase is that when a person purchases land, an animal, a slave, or any item and derives benefit from it, then he finds in it such a defect or flaw due to which he returns the item, now whatever profit he has obtained from this item during those days will belong to that buyer, and this profit will not be returned along with the item. The reason for this is that if this item had perished during the period between the contract and its annulment, its responsibility would have been upon the buyer, and all the loss would have been his; therefore, he alone is entitled to the income as well.
