Muwatta 1795

الموطأ 1795 — مالك: إذا اشترى الرجل عبدا فوجد به عيبا يرد منه، وحدث عنده عيب آخر مفسد كالقطع أو العور، فالمشتري بخير النظرين، فإن مات العبد عنده أقيم بالعيب يوم اشتراه، ووضع عنه ما بين القيمتين

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Summary

Malik says: the agreed practice among us in the case of a man who buys a slave and then discovers a defect for which he can return him, and another defect has occurred to him in the buyer's hands: if the defect that occurred is damaging, such as amputation, blindness, or the like damaging defects, then the buyer chooses the better of two options. If he wishes, the amount of the defect that was in the slave on the day of purchase is deducted from the price; if he wishes, he may pay the amount of the defect that the slave acquired in his hands and then return the slave. If the slave dies in the hands of the buyer, the slave is assessed with the defect he had on the day of purchase, and the price is determined: if the slave's value on the day he was bought, without defect, was one hundred dinars, and his value on the day he was bought with the defect was eighty dinars, then the difference between the two values is deducted from the buyer. 1

Place in the museum

Belongs to the Muwatta, Book of Sales. Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on defects.

Connections

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Part of
Muwatta, Book of Sales (buyu')
Mentions
Malik ibn Anas
Basis for
defect (ayb)

People and things also explored

Muwatta 1781· Muwatta 1782· Muwatta 1783· Muwatta 1784· Muwatta 1785· Muwatta 1786· Muwatta 1787· Muwatta 1788

Sources

  1. Muwatta, recension of Yahya ibn Yahya al-Laythi (ed. Bashar Awwad Ma'ruf) , p.135
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islam.museum contributors. “Muwatta 1795”. islam.museum, https://islam.museum/en/passage/muwatta-17-1795/. CC BY-SA 4.0. Last updated 2026-10-17.

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