LessonsKhiyar al-Ayb: Defects, Remedies and WaiverQuiz

وَمَنِ اشْتَرَى عَبْدًا فَأَعْتَقَهُ أَوْ مَاتَ ثُمَّ اطَّلَعَ عَلَى عَيْبٍ رَجَعَ بِنُقْصَانِهِ
Translation: The historical text grants compensation if an enslaved person was emancipated or died and an earlier defect subsequently came to light.

This clause concerns slavery as a historical institution and is not a model for contemporary human transactions.

Its technical point is that return has become impossible through emancipation or natural death, but a claim for a pre-existing defect is still recognized in those described circumstances.

Impossibility of return does not always mean the defect claim also disappears.

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Original historical rule: loss without buyer destruction

Khiyar al-Ayb: Defects, Remedies and Waiver

وَمَنِ اشْتَرَى عَبْدًا فَأَعْتَقَهُ أَوْ مَاتَ ثُمَّ اطَّلَعَ عَلَى عَيْبٍ رَجَعَ بِنُقْصَانِهِ
Translation: The historical text grants compensation if an enslaved person was emancipated or died and an earlier defect subsequently came to light.

This clause concerns slavery as a historical institution and is not a model for contemporary human transactions.

Its technical point is that return has become impossible through emancipation or natural death, but a claim for a pre-existing defect is still recognized in those described circumstances.

Impossibility of return does not always mean the defect claim also disappears.