Latent defects are of no consequence; the deficiency is counted only by what appears, not by what remains hidden.

743- Issue: He said: (Unless the seller had practiced deception (tadlis) regarding the defect, in which case he is obligated to return the full price. This likewise applies to other sold items.)

The meaning of 'practiced deception regarding the defect' (dallasa al-'ayb) is that he concealed it from the buyer while knowing of it, or covered it from him in a way that would lead the buyer to believe it was absent. It is derived from 'dulsah,' which means darkness; as if the seller is veiling the defect. Concealing it is placing it in darkness, so it was hidden from the buyer such that he did not see it and did not know of it. It is the same whether he knew of it and hid it, or covered it; both are prohibited deception, as we have explained. So, if the seller does this, and the buyer does not know of it until the sold item becomes defective in his possession, he has the right to return the sold item and take back its full price, and there is no 'arsh (indemnity) against him. This applies regardless of whether the defect occurred due to an act of the buyer, such as having intercourse with a virgin or cutting a garment; or by the act of another person, such as if an aggressor commits an injury against it; or by the act of the slave, such as theft or running away; or by the act of Allah the Almighty, such as illness and the like—whether it caused a deficiency in the sold item or resulted in its total loss. Ahmad said, regarding a man who bought a slave, and he ran away from his possession, and he produced evidence that his running away existed while in the possession of the seller: He may seek recourse against the seller for the entire price he took from him; because he deceived the buyer, and the seller follows his slave wherever he may be. This is narrated from al-Hakam and Malik, because he deceived him, so he seeks recourse against him, just as if he had deceived him regarding the free status of a slave girl. The apparent meaning of the hadith of the musarrah (the animal whose milk is held back) indicates that what occurs in the buyer's possession is at his risk, whether the seller practiced deception regarding the defect or not. For the retention of milk (tasriyah) is a form of deception, yet it did not waive the liability of the milk from the buyer; rather, it held him liable for a sa' of dates, along with the fact that he forbade the retention of milk and said: 'The sale of animals with withheld milk (muhaffalat) is a form of fraud (khilabah), and fraud is not permissible for a Muslim.' And the statement of the Prophet (may Allah bless him and grant him peace): 'The return belongs to the one who bears the risk.'