What are the buyer's options if the purchased item is damaged while in the seller's possession?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the item becomes defective while in the seller's possession, or if a part of it is destroyed by an unavoidable event (Samaawi order), the buyer has the choice between accepting it as is (and receiving no compensation for the defect) or rescinding the contract and reclaiming the full price. Accepting it damaged is treated as if the buyer knowingly purchased a defective item, thus forfeiting any claim for the defect. If the contract is rescinded, the buyer cannot claim more than the purchase price, as that is the maximum they would receive if the entire item were destroyed.