"The return belongs to the one who bears the risk." This indicates that whoever is entitled to the yield (al-kharaj) bears the risk (al-daman), for he has made the risk a cause for the entitlement to the yield. If the risk were upon the seller, the yield would be his, due to the existence of its cause. Furthermore, the imposition of risk upon the seller cannot be established except through a textual evidence (nass), consensus (ijma'), or analogy (qiyas), and we are aware of no text or consensus regarding this, and analogy can only be drawn upon an existing basis (asl), for which we know no basis. This is not analogous to the deception (taghrir) concerning the free status of a slave girl in marriage, because in that case, one seeks recourse against the one who deceived him, even if he were not the master of the slave girl; whereas here, if the deception were committed by the seller's agent, he would not seek recourse against him for anything.
Section: On the definition of defects (al-'uyub). These are the deficiencies that necessitate a reduction in monetary value [according to the customs of merchants]; for the sold item only becomes the subject of a contract based on the attribute of monetary value, so whatever necessitates a reduction in that is considered a defect. The reference for this is the custom (al-'adah) in the tradition of those involved in this field, who are the merchants. Thus, defects in physical constitution include: insanity, leprosy, vitiligo, speech impediment (al-'iyy), being one-eyed, lameness, vaginal protuberance (al-'afl), vaginal obstruction (al-qaran), hernia (al-fatq), and vaginal adhesion (al-rataq),
(5) Its citation has already been provided on page 23. (6) In the copies: "upon him." (7) Omitted from: (M). (8) Omitted from: (M). (9) Omitted from: The original manuscript. (10) Al-'iyy: To be tongue-tied in speech, i.e., unable to speak. Lisan al-'Arab ( ' y y ). (11) Al-'afl: A rounded object that emerges from the female private part. Lisan al-'Arab ( ' f l ). (12) Al-qaran: Similar to al-'afla, though it is said to be like a protrusion in the womb, which occurs in women, sheep, and cattle. Al-qaran with a sukun is the name of the protuberance, while al-qaran with a fatha is the name of the defect. Lisan al-'Arab (q r n). (13) Al-fatqa': She is the woman whose two passages have become one. Lisan al-'Arab (f t q). (14) Al-rataq: With the fatha and sukun (in the root form), it is the verbal noun of your saying: "ratqat al-mar'atu rataqan" (the woman suffered from rataq); she is "ratqa'" (obstructed), clearly obstructed: her labia have adhered so that the passage cannot be reached due to the obstruction of that place in her, so she cannot be engaged in sexual intercourse. Lisan al-'Arab (r t q).
