Is it permissible to partially rescind the sale contract if the seller has received part of the price?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
Partial rescission of the sale is impermissible because it results in dividing the transaction upon the buyer and harms them, which is not the right of the seller. It is argued that the harm is avoided because the buyer's property will be sold to satisfy debts, but this is refuted because the value of the item diminishes when it is fractured (sold in parts), causing harm to the bankrupt party and the creditors due to the reduced value. Additionally, because the reason for rescinding the sale (bankruptcy) is a cause for total annulment, it cannot be partially applied, similar to rescission due to defect or option rights. The analogy of sale to sale is preferred over the analogy to marriage.
Supporting text
This ruling applies whether the sold item is a single unit or multiple units, based on the explicit meaning of the hadith and the underlying legal rationale.