Is a seller's revocation of a sale binding?

General Chapter

Al-Mughni

Book of the Insolvent (Bankruptcy)

Book 14 · Issue 1 · Bab 1

Open in Qurani

Primary text

Revocation by a seller concerning the sold item constitutes a dissolution (faskh) of the sale. This revocation is valid without requiring knowledge of the specific item, the ability to physically deliver it, or its distinctness from other items. The revocation remains valid even if the item was absent for a period causing potential change, provided it is found unchanged upon return. Similarly, revocation is valid if the item was temporarily lost, such as an escaped slave, strayed camel, or lame horse; the seller may reclaim it if found, or bear the loss if it perishes. However, if the item was found to be already destroyed at the time of revocation, the revocation is void, and the seller shares with other creditors based on whatever remaining property the bankrupt debtor possesses.

Supporting text

If the sold item becomes indistinguishable from other similar items, and the seller claims a specific item is the sold good while the bankrupt claimant asserts otherwise, the statement of the bankrupt person is accepted because they are denying the seller's claim, and the default standing is with them.