Who owns the detached addition when a sale is rescinded?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
The detached addition belongs to the buyer when the sale is rescinded, provided the defect relates to quality and the addition legally belongs to the bankrupt seller. This is because the addition separated while in the possession of the buyer, thus it belongs to him, analogous to returning an item due to a defect. When the sale is rescinded, the seller is entitled to reclaim the principal item, but not the detached addition, unlike rescission based on a defect, option, mutual cancellation (Iqalah), or dissolution of marriage.
Supporting text
A differing view suggests that the detached addition belongs to the seller, aligning with the view of Malik and the narration from Ahmad by Hanbal concerning the offspring of a slave woman or an animal, treating it similarly to an attached addition.