What happens if defective silver jewelry is destroyed after the contract is dissolved by the judge?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the silver jewelry is destroyed, the contract is dissolved, the buyer receives the item's value, and the purchase price is returned. The destruction of the sold item does not prevent the dissolution of the contract.
Supporting text
The jurist's view is that if the judge dissolves the contract, the item must be returned along with compensation for the resulting diminution in value, equivalent to what was stipulated in the other narration concerning the buyer dissolving the sale. Recourse to the value is made when returning the item is impossible due to destruction or inability. Claiming the item's value rather than returning it with compensation for the defect is only permissible when the item's value differs from its weight, as the value is a substitute, and substitutes are not allowed unless exchanged for something of a different genus.