What is the effect on a prior contract when the counter-value good (e.g., grain) perishes before the buyer takes possession, after the primary good (e.g., animal or slave) has been possessed or sold, or after taking possession via pre-emption (Shuf'a)?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 4

Open in Qurani

Primary text

If a buyer purchases an animal, slave, or real property share in exchange for foodstuffs, and the buyer takes possession of the animal or slave, or sells them, or takes the property share via pre-emption, but the foodstuffs perish before the buyer takes possession of them, the first contract is nullified, but the second transaction (sale/pre-emption) remains valid, and the pre-emption is not voided because it was completed before the initial contract's annulment. The purchaser of the animal, slave, or share must compensate the seller of the foodstuffs for their value due to the impossibility of returning them. Likewise, the pre-emptor must compensate the owner of the share with the equivalent value of the foodstuffs, as the foodstuffs were the counter-value for the share.