Is the right of reclamation applicable when one of two identical items sold has been partially or fully destroyed?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
When two identical items, such as two slaves or two garments, are sold and one is entirely lost or partially damaged, there are two reported narrations from Ahmad concerning the validity of reclaiming the remaining item. The first narration, reported by Abu Talib, states that the seller cannot reclaim the remaining part and becomes an ordinary creditor. This is because the seller did not find the entire object of the sale intact, similar to the case where only one item was sold and partially damaged, or if a limb of a slave was severed.
Supporting text
The second narration, transmitted by Al-Hasan ibn Thawab from Ahmad, differentiates between a single garment partially damaged (where the seller becomes an ordinary creditor) and a bundle (rizma) where part is lost. In the latter case, the seller may take the remaining intact portion according to its value, as the remaining healthy part was found intact, falling under the general ruling of the Prophet's saying regarding finding one's property intact with a bankrupt person.