Is a connected accretion (Ziyada Muttasilah) to the sold object a barrier to rescinding the sale (Faskh)?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
The preferred view holds that a connected accretion, such as growth in size, fat, or acquired skills like craftsmanship, writing, or memorizing the Quran, prevents the seller from rescinding the sale upon bankruptcy of the buyer. This position is adopted because the rescission is due to a subsequent event, and one cannot reclaim the principal object with a connected accretion in such cases, similar to the rescission of a marriage contract due to inability to provide maintenance or nursing. Furthermore, the accretion is in the bankrupt's possession, so the seller does not have the right to reclaim it, just as they cannot reclaim a separate accretion or one resulting from the buyer's actions. The accretion's growth did not originate from the seller, thus they have no right to seize it over the other bankrupt's claims.
Supporting text
Al-Kharaqi held that such accretion prevents rescission. A differing opinion, narrated by Al-Maymouni from Ahmad, maintains that the accretion does not prevent rescission. This view is held by Malik and Shafi'i. Imam Malik provided an option for the creditors to choose between taking the item with the accretion or taking the price for which the buyer sold it. Proponents of this view argue by analogy to rescission due to defect, where a separate accretion does not prevent return, thus a connected one should not either. They also argue that divorce is not a rescission, unlike this case, and in divorce, the husband can obtain his full right via the value (Diyya), whereas here, the seller cannot reclaim the price.