A man who buys something and finds a defect in it

Al-Sha'bi said: Regarding a defect that cannot be seen, Shurayh used to require an oath as to the person's knowledge; and regarding a visible one, an absolute oath.

Salim said: Sayyiduna Ibn Umar (may Allah be pleased with them both) sold a slave for eight hundred dirhams. The buyer then found a defect in him and brought the case before Sayyiduna Uthman (may Allah be pleased with him). Sayyiduna Uthman (may Allah be pleased with him) asked Sayyiduna Ibn Umar (may Allah be pleased with them both) about it, and he said: I sold him on the basis of bara'ah (disclaimer of defects). Sayyiduna Uthman (may Allah be pleased with him) said to Sayyiduna Ibn Umar (may Allah be pleased with them both): Will you swear that when you sold him you knew of no defect in him?

Ata said: If a man buys some goods and then finds a defect in them, the buyer will need testimony that this defect existed while they were with the seller. If testimony is found, that settles it; otherwise the seller will be made to swear that he did not know of this defect. Amr bin Dinar said: The oath will be taken as to his knowledge.

Amir said: If a man bought a slave woman and then saw that she had leprosy, and the buyer had no witnesses, the seller will be made to swear that she did not have leprosy when he sold her.

Umar bin Dharr said: Al-Qasim bin Abd al-Rahman used to make a man swear that he was not keeping the other from a right that he knew to be his.

Al-Sha'bi said regarding the unqualified oath (yamin mursalah): Its sin and its righteousness depend only on what he deliberately intended.

Ata al-Madani said: A man sold some goods, and then the buyer claimed there was a defect and brought the dispute before Sayyiduna Uthman bin Affan (may Allah be pleased with him). The buyer said: Swear by Allah that there was no defect in it when you sold it to me. The seller said: I swear that when I sold you this item I knew of no defect in it. Sayyiduna Uthman (may Allah be pleased with him) said: This man has treated you fairly.

Al-Zubayr bin Junadah said: I asked Salim about a piece of uncultivated land that I had bought from its actual owner in order to build on it. He said: There is no harm in that. I said: Kharaj is paid on it. He said: There is no harm in that. I said: Am I then acknowledging humiliation? He said: That applies only to the heads of men.