What is the ruling on the right of rescission (right of return) when a purchased item undergoes transformation that changes its name?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
The right of rescission is nullified if the purchased item, such as wheat, is ground into flour, or flour into bread, or oil into soap, or cloth into a shirt, or yarn into cloth, or wood into planks, or thread into needles, or any item transformed such that its original name is removed. The reasoning for this is that the seller does not find his property in its exact original form. Since the item has changed its name and description, the right to reclaim it is lost, analogous to when the item is destroyed. The foundation used by those who argue otherwise is rejected, and even if accepted, it is argued that the name did not change in their analogy, unlike in the current issue.
Supporting text
The view of Imam Al-Shafi'i holds two opinions on this matter. One opinion supports that the original owner can reclaim the essence of their property, compensating the bankrupt estate for the value of the work performed on it, because the essence of the property still exists despite the change in name. This is considered analogous to when a purchased fetus becomes a ram, or a young date shoot becomes a mature palm tree.