Is the mutual rescission of sale (Iqalah) valid before the buyer takes possession (Qabd) of the goods?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
If Iqalah is a cancellation (Faskh), it is valid before and after possession. The ruling is that it is a cancellation of the sale, so it is permissible before possession, similar to rescission due to defect, deception, the option of annulment, or disagreement between the contracting parties. It differs from the waiting period (Iddah) after a broken marriage, which requires a second measure for verification (Istibra'), a need not present here.
Supporting text
If Iqalah is considered a sale, it is not permissible before possession in matters where possession is required, as one cannot sell an item to its own seller before taking possession. Furthermore, it does not establish the right of pre-emption if it is a cancellation because it is merely the lifting and removal of the contract, not an exchange.