Is judicial intervention required for the seller to rescind the sale due to the buyer's insolvency after delivery?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
In every instance where the right to rescind is established due to insolvency regarding the price, the seller possesses this right without the need for a judge's decree, as it is a rescission of the sale due to inability to pay the price, similar to when a seller may rescind if the buyer becomes bankrupt regarding a specific item belonging to the seller.
Supporting text
In every instance where sequestration (*hajr*) is mandated, the matter falls under the jurisdiction of the judge, as the authority for sequestration belongs to the ruler.