What is the extent of the Mudarib's liability if the sale made on credit (when prohibited) is deemed invalid, and the item cannot be recovered?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 7 · Bab 1

Open in Qurani

Primary text

If the sale is deemed void, the Mudarib is liable for the item's value if recovery is impossible, either because the item perished or the buyer refuses to return it. If the sale is deemed valid (though unauthorized), it is debated whether he guarantees the item's value (since the loss does not exceed it, and abandoning the sale would not save more) or if he guarantees the price owed, as this liability arose from the sale, and it was lost due to his negligence. If the lost amount is less than the item's value, liability shifts to the price owed, evidenced by the fact that if the price were secured, no guarantee would apply.