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
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concerns an item described by specification in liability (Dhimma) and not a specific object, the contract is not rescinded upon finding the delivered item non-conforming.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.