Is the analogy between contract rescission and a deposit (wadi'ah) concerning unilateral cancellation valid?
Chapter on the Option of the Two Parties in Sale
Al-Mughni
Book of Sales
Primary text
The argument that contract rescission without the other party's presence is invalid because it mirrors a deposit (wadi'ah) is refuted. In a deposit, the depositor has no vested right in the item itself, and the deposit can be rescinded while the depositor is absent.