Muwatta Imam Malik (Riwayat Yahya)

It is narrated from Hazrat Salim bin Abdullah that Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) sold a slave for eight hundred dirhams, and made a condition with the buyer that he would not be responsible for any defect. After that, the buyer said: The slave has an illness, which you did not inform me about. Then there was a dispute between them and they went to Sayyiduna Uthman bin Affan (may Allah be pleased with him). The buyer said that he had bought a slave from him and the slave had an illness which he did not mention. Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) said that he had made a condition that he would not be responsible for any defect. Sayyiduna Uthman bin Affan (may Allah be pleased with him) ordered that Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) should swear an oath: "I sold this slave and to my knowledge he had no illness." Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) refused to take the oath, so the slave returned to Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) and recovered from the illness. Then Sayyiduna Abdullah bin Umar (may Allah be pleased with them both) sold him for one thousand five hundred dirhams.

Imam Malik, may Allah have mercy on him, said: In our view, this issue is agreed upon that if a person buys a slave-girl, then she becomes pregnant by the buyer, or buys a slave and then sets him free, or does any other act due to which the slave or slave-girl cannot be returned, and after that witnesses testify that there was a defect in this slave or slave-girl while with the seller, or the seller himself admits that this defect was present with me, or it becomes known by any other means that the defect was indeed with the seller, then the price should be set for the slave or slave-girl including the defect as on the day of purchase, and also the price of a sound (defect-free) one should be set; the difference between the two prices, that much the buyer should recover from the seller.

Imam Malik, may Allah have mercy on him, said that if a person buys a slave and then finds a defect in him because of which he can return the slave to the seller, but when the slave comes to the buyer, another defect occurs in him, for example, a limb is cut off or he becomes one-eyed, then the buyer has the option: if he wishes, he may keep the slave and take compensation for the defect from the seller, or if he wishes, he may return the slave and pay compensation for the defect. If the slave dies while with the buyer, then the price will be assessed including the defect as of the day of purchase. For example, on the day he was bought, the price of the slave with the defect was eighty dinars, and without defect was one hundred dinars, then the buyer will take twenty dinars compensation from the seller, but the price will be assessed as of the day he was bought.

Imam Malik, may Allah have mercy on him, said: In our view, this ruling is agreed upon that if a person buys a slave-girl, then returns her due to a defect, but has already had intercourse with her, then if the slave-girl was a virgin, the buyer must pay for the loss in her value; and if she was previously married (not a virgin), then the buyer does not have to pay anything.

Imam Malik, may Allah have mercy on him, said: In our view, there is consensus that if a person sells a slave, a slave-girl, or any other animal with the condition that if any defect is found, he will be free from responsibility, or the seller will be free from liability for defects, except when there is a defect knowingly present in it and he conceals it. If he does so, then this condition will not be beneficial, and the item will be returned to the seller.

Imam Malik, may Allah have mercy on him, said that if a slave girl is sold in exchange for two slave girls, and then a defect is found in one of the two slave girls due to which she can be returned, then first the value of the slave girl for whom these two slave girls were given will be assessed. Then, considering both of these slave girls as free from defects, their value will be assessed. Then, the price of that slave girl will be divided among the prices of these two slave girls, each one's share will be separate, the one without defect according to her share and the one with defect according to hers. Then, the defective slave girl will be returned in exchange for her share of the price, whether it is small or large. However, the value of the two slave girls will be assessed according to the day they came into the possession of the buyer.

Imam Malik, may Allah have mercy on him, said that if a person buys a slave and makes him work for wages, whether the wages earned are little or much, and afterwards a defect is found in the slave due to which he can return the slave, then he may return the slave and keep the wages; it is not necessary to return them. According to us, this is the view of the group of scholars. Its example is that if a person buys a slave and has a house built by him, the construction cost of which is double or triple the price of the slave, and then returns the slave due to a defect, then the slave will be returned and the seller will not have the right to take the construction wages from the buyer. Similarly, the earnings of the slave will remain with the buyer.

Imam Malik, may Allah have mercy on him, said that if a person buys several slaves at the same time (i.e., in a single contract), and among them one slave turns out to be a thief or has some defect, then if that slave is the best and most distinguished among all the slaves and the rest of the slaves were bought because of him, then the entire sale will be annulled, and all the slaves will be returned. If this is not the case, then only that slave will be returned, and from the price, the buyer will take back from the seller the portion corresponding to the value of that slave.