What determines liability when specific food items perish before the buyer takes possession?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If the sold item (which is food, based on the prohibition) perishes before the buyer takes possession due to a heavenly affliction (afa samaawiyyah), the contract is voided, and the buyer recovers the purchase price. If it perishes due to the buyer's action, the price is established upon him, as this constitutes a form of possession or disposition. If a third party destroys it, the contract is not voided. The buyer retains the option to rescind the contract and reclaim the price, or to keep the contract and claim compensation from the destroyer for a fungible item (mithli). This is the position of Al-Shafi'i, with no known opposition.
Supporting text
If the seller destroys the item, the jurists of the Hanbali school hold the ruling to be the same as if a third party destroyed it, granting the buyer the choice between rescinding and claiming the price or demanding compensation of the like item (mithl). Al-Shafi'i differs, stating that the contract is voided, and the buyer only recovers the price, arguing that the loss is a guaranteed liability for the seller, similar to loss due to divine act.