What is the ruling on rescission if the injury to the slave is considered a loss of a quality rather than a loss of a physical part?

General Chapter

Al-Mughni

Book of the Insolvent (Bankruptcy)

Book 14 · Issue 2 · Bab 1

Open in Qurani

Primary text

The opinion attributed to the Qadi suggests that, by analogy with the established school ruling, the seller should have the right to rescind because the injury constitutes the loss of a quality, similar to the loss of a trade skill or the damage to a garment. If rescission occurs, the situation regarding the injury must be examined. If the injury is minor and incurs no specific compensation (*arsh*), such as if caused by an act of God, an animal, the bankruptcy trustee's action, the slave's own slave, or the slave injuring himself, then the seller has no claim to *arsh* if they choose rescission.

Supporting text

If the injury mandates a specific compensation (*arsh*), such as damage inflicted by a third party (*ajnabi*), the seller, upon rescission, has the right to claim a share of that compensation proportional to the reduction in the purchase price. This is because the full value of the slave is guaranteed to the seller by the buyer under the contract price.