Is the right to void a sale retained if the seller was unaware of the buyer's bankruptcy?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If the seller was unaware of the buyer's bankruptcy, the right to void the sale exists, analogous to the buyer of a defective item where the defect was unknown to the buyer at the time of purchase.
Supporting text
This situation is distinguished from a woman marrying an indigent man regarding maintenance because the obligation for maintenance recurs daily. Consenting to marry someone unable to pay maintenance implies consent to a future, unestablished liability. This distinction does not apply to the current sale contract.