Does the seller retain the option to rescind the sale if one item perishes after the possession of the other item has been taken?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 4 · Bab 1

Open in Qurani

Primary text

If one item perishes after the possession of the other item has been taken, the seller does not have the option to rescind the sale. This is because even if the entire mortgage were to perish, the seller would not have the option to rescind; therefore, the partial perishing implies this outcome even more strongly.