If the buyer fails to fulfill a stipulated condition (pledge or guarantor), what is the seller's recourse?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the buyer fails to fulfill the condition stipulated in the contract, the seller has the option to dissolve the sale. This mirrors the choice granted when a condition regarding the price is breached. If the seller chooses to proceed with the sale despite the breach, the sale becomes binding without the pledge or guarantor.
Supporting text
The seller is not obligated to accept a pledge or guarantor other than the one specifically named, even if the substitute offered is of greater value or is more reliable, because the contract was made concerning specific individuals, and the nature of the security or guarantee differs based on the asset or the individual's capacity.