What is the liability of a buyer who delays the delivery of the price without an excuse after taking possession of the purchased item, if the item perishes?
General Chapter
Al-Mughni
Book of Agency
Primary text
If a person purchases an item, takes possession of it, and delays the delivery of the price without a valid excuse, they are liable for its value if it perishes in their possession. This ruling is based on the principle established by Ahmad, who stated that liability arises because the buyer was negligent (*mufarrat*) in retaining the item.
Supporting text
If the delay in payment was due to a valid excuse, such as the buyer setting out to pay but encountering a disaster (e.g., the wealth perishing en route), then the buyer bears no liability for the item's perishing, as they were not negligent in retaining it.