A man who buys a slave or a house and derives income from them

Abu Bakr bin Abd al-Rahman said: Earning profit goes along with liability (daman).

Shurayh (may Allah have mercy on him) was asked about a person who returns a slave because of an illness. He said: He may return him, and the benefit he derived belongs to him. (There is no liability or the like.)

It is narrated from Ibn Awn that a man bought a slave and then earned a profit by hiring him out. Then another man laid claim to the slave, and they came disputing to Iyas bin Mu'awiyah. The claimant turned out to be entitled to the slave, so he ruled in his favor for the slave and his earnings, and he ruled in favor of the buyer, against the person from whom he had bought him, for the like of the slave and the like of his earnings.

He said: I mentioned that to Muhammad bin Sirin, and he said: He is a man of understanding.

Al-Hasan said concerning a person who buys a slave and then learns of a defect, having already earned a profit by hiring him out: The profit will belong to the buyer.

Hammad said: The profit that has been taken will belong to the buyer, but along with liability.

It is narrated from al-Harith al-Ukli that a man bought a house and earned a profit by renting it out. Then another man turned out to be entitled to it. He said: I will not assign him anything from the profit, meaning the one entitled to it; and likewise in similar cases concerning a person from whose hands something is recovered.

It is narrated from Sayyidah Aishah (may Allah be pleased with her) that the Messenger of Allah (peace and blessings be upon him) ruled that revenue (kharaj) goes along with liability (daman).

Ibrahim said: Taking the profit goes along with liability.

It is narrated from Yazid bin Abi Habib that a man sold his son's house, and the father was feeble-minded. The son came to Umar bin Abd al-Aziz, who annulled the sale and ruled that the house was the son's. The son asked: What about its rent? Umar bin Abd al-Aziz said: Its profit goes along with liability.

Shurayh (may Allah have mercy on him) said concerning a person who usurped a slave and then profited from him: He must return the profit he earned by hiring him out.