he does not have the right to return it. He said: This is the apparent view of Ahmad's statements and the opinion of some of the companions of Al-Shafi'i, because Abu Hurayra narrated that the Prophet (peace and blessings of Allah be upon him) said: "Whoever buys a musarrah (an animal whose milk has been withheld in the udder to deceive the buyer) has an option for three days. If he wishes, he may keep it; if he wishes, he may return it and return with it a sa' of dates." Narrated by Muslim. They said: These three days were set by the Legislator for the purpose of identifying the tasriya (the act of withholding milk), as it cannot be known before their passage; for on the first day, its milk is the milk of tasriya, while on the second, it is possible that the milk has decreased due to a change of location or a change in fodder, and the same applies to the third. Thus, when the three days have passed, the tasriya becomes clear and the option is established immediately; it is not established before their expiration. Abu al-Khattab said: In my view, whenever the tasriya is proven, he is permitted to return it, before the three days or after them, because it is a form of deception (tadlis) that establishes an option, so he possesses the right to return it upon realizing it, like all other forms of deception. This is the opinion of some of the Medinese scholars. According to this, the benefit of the specification of the three days in the report is that, typically, knowledge is not attained except through them; thus, he considered them for the apparent attainment of knowledge. If knowledge is attained through them, or even if it is not, the consideration is for the actual knowledge, not the time period, as is the case in other forms of deception. The apparent view of Ibn Abi Musa is that whenever he learns of the tasriya, he has an option throughout the three days until they are complete. This is the opinion of Ibn al-Mundhir and Abu Hamid from the companions of Al-Shafi'i, and he narrated it from Al-Shafi'i as a definitive statement, based on the apparent meaning of the Hadith of the Messenger of Allah (peace and blessings of Allah be upon him), as it necessitates the establishment of the option throughout all three days. According to the Qadi's view, the option is not established during any part of them, but rather only after them. Abu al-Khattab's opinion treats the three days and other days equally, and acting upon the report is more appropriate, while analogy (qiyas) supports what Abu al-Khattab said, because the ruling is the same regarding defects and other forms of deception.

740 - Issue: He said: (And it is the same whether the purchased item is a camel, a cow, or a sheep).

The majority of scholars hold that there is no difference in the ruling of tasriya between a sheep, a camel, or a cow. Dawud took an extreme position, saying: The option is not established by the tasriya of a cow, because the Hadith states: "Do not withhold the milk of camels and sheep," which indicates that anything other than them is otherwise, and because the ruling was established regarding them by the text (nass), and rulings are not established through analogy.