SECTION ON LEASING · 71 – THE CONDITION STIPULATED IN TRADE
3505 – It is narrated from Jābir ibn ʿAbd Allāh (may Allah be pleased with him) that he said: I sold it—meaning his camel—to the Messenger of God (peace and blessings be upon him). However, I stipulated as a condition that I would be able to load it with goods until I reached my family. At the end of the hadith, the narrator says: When the Messenger of God (peace and blessings be upon him) arrived in Medina, he said, “Did you think that stipulating the right to ride the camel diminished its value? Take your camel and its price; both are yours.”
3506 – It is narrated from ʿUqba ibn ʿĀmir (may Allah be pleased with him) that the Messenger of God (peace and blessings be upon him) said: “The guarantee for a slave is three days (after three days, the seller is not responsible for any defects).” [280]
3507 – Hammām narrated from Qatāda (may Allah be pleased with him) with the same chain of transmission and the same meaning as the previous hadith. However, he added the following: If the buyer finds an illness in the slave he purchased within three nights, he may return the slave to the seller without the need for further proof. If, after three days, the buyer finds an illness in the slave, he must provide evidence that the illness existed at the time of purchase.
EXPLANATION
If the seller has not stipulated that his slave is free from illness, the buyer is only granted a three-day guarantee. If the buyer finds an illness in the slave within three days of purchase, he may return the slave to the seller. If such an illness appears after three days, the buyer must provide evidence that the illness existed at the time of purchase.