Right of the Buyer to Cancel the Sale Due to Deception
Written by: Imran Ayyub Lahori
A buyer has the right to cancel the sale if deceived. One example is when an animal’s udders have been tied to withhold milk; in such a case, if the buyer returns the animal, he must also return one sa‘ of dates or whatever is mutually agreed upon.
➊ As mentioned earlier:
"ثم وجد به عيبا فرده بالعيب"
"Then if he finds a defect in it, he may return it because of that defect."
[Abu Dawud: 3510]
➋ Mutual consent, which is a condition for the validity of a sale, is missing in such a case.
The Messenger of Allah ﷺ said:
"لا تصروا الإبل والغنم، فمن ابتاعها بعد فهو بخير النظرين بعد أن يحلبها، إن شاء أمسكها، وإن شاء ردها وصاعا من تمر"
"Do not tie the udders of camels and sheep to withhold milk. Whoever buys such an animal after this and milks it has two options: if he wishes, he may keep it; if he wishes, he may return it along with one sa‘ of dates."
[al-Bukhari: 2148, Kitab al-Buyu‘: Bab al-Nahy lil-Ba’i‘ an la Yahfil al-Ibil wal-Baqar wal-Ghanam, Muslim: 1515, Abu Dawud: 3443, al-Nasa’i: 4487, Ahmad: 2/242, al-Muwatta’: 2/683, al-Bayhaqi: 5/318]
Another narration states:
"فهو بالخيار ثلاثة أيام"
"He has the option for three days."
[Muslim: 1524]
"من اشترى شاة محفلة فردها فليرد معها صاعا"
"Whoever buys a sheep whose milk has been withheld and then returns it, let him return it along with one sa‘ (of dates)."
One narration adds: "من تمر" (of dates).
[al-Bukhari: 2164, 2149]
Musarrat refers to a she-camel, cow, or sheep whose milk is withheld in the udders to deceive the buyer into thinking it is a high-yielding animal, causing him to pay a higher price.
[al-Nihayah: 3/27]
References: [al-Mughni: 6/216, al-Insaf: 4/399, Bidayat al-Mujtahid: 2/144, al-Mabsut: 13/38, al-Umm: 3/82, al-Hawi: 5/236]
Hanafis claimed this Hadith is rejected because Abu Hurairah (رضي الله عنه) was not a jurist, so any narration from him that contradicts clear qiyas (analogy) is not acceptable.
Response:
For details: [Fath al-Bari: 5/102–106, Nayl al-Awtar: 3/597]
Since this is related to rights of people, the matter is left to the person’s discretion:
Written by: Imran Ayyub Lahori
Deception in Sale and Its Ruling
A buyer has the right to cancel the sale if deceived. One example is when an animal’s udders have been tied to withhold milk; in such a case, if the buyer returns the animal, he must also return one sa‘ of dates or whatever is mutually agreed upon.
Hadith Evidence
➊ As mentioned earlier:
"ثم وجد به عيبا فرده بالعيب"
"Then if he finds a defect in it, he may return it because of that defect."
[Abu Dawud: 3510]
➋ Mutual consent, which is a condition for the validity of a sale, is missing in such a case.
Hadith of Abu Hurairah (رضي الله عنه):
The Messenger of Allah ﷺ said:
"لا تصروا الإبل والغنم، فمن ابتاعها بعد فهو بخير النظرين بعد أن يحلبها، إن شاء أمسكها، وإن شاء ردها وصاعا من تمر"
"Do not tie the udders of camels and sheep to withhold milk. Whoever buys such an animal after this and milks it has two options: if he wishes, he may keep it; if he wishes, he may return it along with one sa‘ of dates."
[al-Bukhari: 2148, Kitab al-Buyu‘: Bab al-Nahy lil-Ba’i‘ an la Yahfil al-Ibil wal-Baqar wal-Ghanam, Muslim: 1515, Abu Dawud: 3443, al-Nasa’i: 4487, Ahmad: 2/242, al-Muwatta’: 2/683, al-Bayhaqi: 5/318]
Another narration states:
"فهو بالخيار ثلاثة أيام"
"He has the option for three days."
[Muslim: 1524]
Hadith of Ibn Mas‘ud (رضي الله عنه):
"من اشترى شاة محفلة فردها فليرد معها صاعا"
"Whoever buys a sheep whose milk has been withheld and then returns it, let him return it along with one sa‘ (of dates)."
One narration adds: "من تمر" (of dates).
[al-Bukhari: 2164, 2149]
Definition of Musarrat
Musarrat refers to a she-camel, cow, or sheep whose milk is withheld in the udders to deceive the buyer into thinking it is a high-yielding animal, causing him to pay a higher price.
[al-Nihayah: 3/27]
Scholarly Opinions
- Ibn Mas‘ud (رضي الله عنه) and Abu Hurairah (رضي الله عنه) issued verdicts in accordance with this Hadith.
- Jumhoor (Majority): Including al-Shafi‘i, Ahmad, and Ishaq — they uphold this ruling. No opposition from the Sahabah is reported; many Tabi‘in and later scholars also issued the same verdict, requiring the return of one sa‘ of dates regardless of milk quantity.
- Hanafi view: No right to cancel the sale for this defect, and no requirement to return one sa‘ of dates.
- Zufar (رحمه الله): In line with the majority, but allows choice between paying one sa‘ of dates or half a sa‘ of wheat.
References: [al-Mughni: 6/216, al-Insaf: 4/399, Bidayat al-Mujtahid: 2/144, al-Mabsut: 13/38, al-Umm: 3/82, al-Hawi: 5/236]
Refutation of the Hanafi Argument
Hanafis claimed this Hadith is rejected because Abu Hurairah (رضي الله عنه) was not a jurist, so any narration from him that contradicts clear qiyas (analogy) is not acceptable.
Response:
- Abu Hurairah (رضي الله عنه) was a great memorizer of Hadith.
- The claim is invalidated because Ibn Mas‘ud (رضي الله عنه) — acknowledged by them as an Imam in fiqh and ijtihad — also narrated this Hadith.
For details: [Fath al-Bari: 5/102–106, Nayl al-Awtar: 3/597]
Statements of Scholars
- Ibn al-Qayyim (رحمه الله): Refuting the Hanafi stance, he said that the only two primary sources are the Qur’an and the Sunnah; all else must be referred back to them. The Sunnah (Hadith of Musarrat) is an independent primary proof, while qiyas is secondary. Hence, it cannot override the original. He strongly supported the majority opinion with conclusive proofs.
[I‘lam al-Muwaqqi‘in: 2/330] - Ibn ‘Abd al-Barr (رحمه الله): This Hadith is a great evidence for the prohibition of tasriyah (withholding milk) and for establishing the buyer’s right to cancel.
[al-Istidhkar: 21/88]
Practical Ruling
Since this is related to rights of people, the matter is left to the person’s discretion:
- If he wants full compensation, it is allowed.
- If he wants to waive part of it, it is allowed.
- If he wants to waive it entirely, it is also permissible.
