Is the buyer entitled to rescind a sale when the value of the object decreases due to the loss of a characteristic while the object's essence remains?

General Chapter

Al-Mughni

Book of the Insolvent (Bankruptcy)

Book 14 · Issue 1 · Bab 1

Open in Qurani

Primary text

Rescission is permissible if the value of the sold item diminishes due to the loss of a characteristic, provided the substance of the item remains intact. Examples include a slave becoming emaciated, forgetting a trade or writing skill, becoming elderly, falling ill, experiencing mental deterioration, or if a garment becomes tattered. In such cases, the buyer has the choice to either accept the deficient item by paying the full price or to share with creditors based on the full value of the item. This is because the price is not apportioned based on variable qualities like fatness, leanness, knowledge, or similar attributes; rather, this situation is treated like a general decrease due to changing market prices.