considered a defect in all cases, because the ruling of adultery has been applied to her while in the possession of the buyer.

Fifth Section: If the buyer chooses to keep the defective item and take the compensation (arsh), he may do so. This is the view of Ishaq. Abu Hanifah and al-Shafi'i said: He has no choice other than to keep it or return it, and he has no right to compensation unless returning the sold item is impossible, because the Prophet (peace and blessings of Allah be upon him) gave the buyer of the musarrah (animal whose milk has been withheld) the choice between keeping it without compensation or returning it. Furthermore, because he possesses the right to return it, he does not possess the right to take a part of the price, just like one who has an option (khiyar). Our argument is that he has encountered a defect he was not aware of, so he is entitled to compensation, just as if it had become defective while in his possession. Also, because a part of the sold item has been lost to him, he is entitled to demand compensation for it, just as if he had bought ten qafiz and they turned out to be nine, or as if he had destroyed it after the sale. As for the musarrah, there is no defect in it; rather, he was granted the option due to deception, not due to the loss of a part; therefore, he is not entitled to compensation if returning it becomes impossible. Once this is established, the meaning of the compensation for a defect is that the sold item is appraised as sound, then it is appraised as defective, and the proportion of the difference between them is taken from the price; thus, its ratio to the price is the ratio of the depreciation due to the defect from the value. An example of this is if the defective item is appraised as sound at ten, and as defective at nine, and the price is fifteen; the defect has decreased its value by one-tenth, so he is entitled to one-tenth of the price from the seller, which is one and a half dirhams. The rationale for this is that the sold item is guaranteed by the buyer at its price, so the loss of a part of it also discharges him from the guarantee of the portion of the price corresponding to it. Also, because if we were to hold him liable for the decrease in value, it would lead to the buyer obtaining both the price and the commodity, such as when he buys something for half its value and finds a defect in it that decreases its value by half, for example, buying it for ten when its value is twenty, and he finds a defect that decreases it by ten; if he took that [compensation], he would have obtained the sold item and reclaimed its price. This is the meaning of the statement of al-Khiraqi: "Or he takes what is between its sound state and its defective state." Ahmad has explicitly stated what we have mentioned. Al-Hasan al-Basri mentioned it, saying: "He reclaims the value of the defect from the price on the day he bought it." Ahmad said: "This is the best thing I have heard."