Muwatta 2231

Yahya said: I heard Malik say of a man who buys goods, an animal, cloth or other goods, and it turns out the sale is not permitted, so it is returned, and the one who took possession of the goods is ordered to return the goods to their owner. Malik said: the owner of the goods has only their value on the day he took them from him, not on the day they are returned, because he has been their guarantor from the day he took them; any loss in them after that falls on him, and their growth and increase belong to him. A man may take goods at a time when they are sought after and in demand, and then return them when they have fallen and no one wants them. ¹

Belongs to the Muwatta, Book of Bequests. Source: the Muwatta. Mentions Yahya ibn Yahya al-Laythi, Malik ibn Anas. Built on in the chapters on defects and sale.