Hadith 39604

Yahya related to me from Malik from Abdullah ibn Abi Bakr ibnMuhammad ibn Amr ibn Hazm that Aban ibn Uthman and Hisham ibn Ismailused to mention in their khutbas built-in liability agreements in thesale of slaves, to cover both a three day period and a similar clausecovering a year. Malik explained, "The defects a lave or slave-girlare found to have from the time they are bought until the end of thethree days are the responsibility of the seller. The year agreement isto cover insanity, leprosy, and loss of limbs due to disease. After ayear, the seller is free from any liability."Malik said,"Aninheritor or someone else who sells a slave or slave-girl without anysuch built-in guarantee is not responsible for any fault in the slaveand there is no liability agreement held against him unless he wasaware of a fault and concealed it. If he was aware of a fault, thelack of guarantee does not protect him. The purchase is returned. Inour view, built-in liability agreements only apply to the purchase ofslaves."