What is the ruling when the contract pertains to a specifically described item in liability (Dhimma) rather than a specific known object (Ayn)?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the contract concerns an item described by specification in liability (Dhimma) and not a specific object, the contract is not rescinded upon finding the delivered item non-conforming. Instead, the lessor is obligated to substitute it with one that meets the description, analogous to a delivered item *muslam fih* delivered contrary to its stipulated quality.

Supporting text

If the lessor is incapable of substitution, refuses to substitute, and the lessee cannot be compelled to accept the defective item, then the lessee acquires the right to rescind the contract.