If the buyer is insolvent (*mo'sir*) after the seller has delivered the sold item, what is the ruling?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 6 · Bab 5

Open in Qurani

Primary text

The seller has the right to rescind the contract immediately and reclaim the sold item.

Supporting text

A strengthening opinion suggests that the seller is not obligated to deliver the sold item until the price is present and the buyer can deliver it, as the seller only agreed to part with the item in exchange for the price. Moreover, prevention of delivery is easier than nullification after delivery, similar to a woman's right to withhold herself before receiving her dowry.