that the sale of a Muslim necessitates safety. And because the original state is safety, while a defect is something that occurs later or is contrary to the apparent condition; thus, upon being unrestricted, the contract is interpreted according to that safety. Whenever that is missed, a portion of the contract's requirement is missed, so he is not obligated to take it in exchange for the consideration, and he is entitled to return it and take the full price.

Section: The option of returning [a product] due to a defect remains throughout the duration (tarakhi); whenever he learns of the defect and delays the return, his option does not become void until he does something that indicates his satisfaction. Abu al-Khattab mentioned this. The Qadi mentioned something indicating that there are two narrations regarding it: one, that it is open-ended (tarakhi), and the second, that it is immediate (fawri). This is the school of al-Shafi'i; whenever he learns of the defect and delays his return despite being able to do so, his option becomes void because it indicates his satisfaction with it, so his option is forfeited, just like [through] taking action upon it. Our argument is that it is an option to repel a realized harm, so it is open-ended, like retaliation (qisas), and we do not concede that retaining it indicates satisfaction with it.

Section Three: The sold item must either be in its original state—in which case he returns it and takes back his capital—or it has increased after the contract, or it has yielded a benefit. This falls into two divisions: One of them is that the increase is connected, such as weight, growth, learning, pregnancy before delivery, and fruit before pollination; he returns it with its growth because it is a dependent in contracts and rescissions. The second division is that the increase is separate, and it is of two types: One of them is that the increase is from a source other than the sold item itself, such as earnings, which is the meaning of his saying: "or he derived profit from it," meaning he took its revenue, which refers to the benefits obtained from it, such as service, wages, and earnings. Similarly, what is gifted or bequeathed to it; all of that is for the buyer in exchange for his liability, because if the slave had perished, he would have perished from the buyer's wealth, which is the meaning of his saying (peace and blessings of Allah be upon him): "The revenue is in return for liability." We know of no disagreement regarding this. Ibn Majah narrated from Hisham ibn Ammar, from Muslim ibn Khalid, from Hisham ibn Urwah, from his father, from Aisha, may Allah be pleased with her, that a man bought a slave,