4. A number of our people have narrated from Sahl ibn Ziyad and Ahmad ibn Muhammad all from al-Hassan ibn Mahbub from Rifa’ah al-Nakhkhas who has said the following:

“I once said to abu ‘Abd Allah , ‘I have made a deal with a man in the manner of Musawamah (fixed price regardless of capital) about his slave-girl. He sold her to me on my demand and I took possession on that basis, sent him a thousand dirham and said to him, ‘This is a thousand because of my order.’ He refused to accept it from me and I had already touched her before sending the thousand dirham. He (the Imam) said, ‘I say that you must evaluate the slave-girl for a fair price. If her price is more than what you sent to him you must complete the deficit, and if the price is less than what you have sent to him it belongs to him.’ I then said, ‘What happens if I find a defect in her after touching her?’ He (the Imam) said, ‘You cannot return her. You can, however, demand for the difference of her prices as defect-free and defective condition.’”