What are the options when the item is damaged by the seller's action?

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 4

Open in Qurani

Primary text

According to the dominant opinion of our companions (Ashabuna), the buyer may choose between rescinding the contract and recovering the price, or keeping the item and claiming compensation from the seller for the amount of the damage or defect caused. The view aligning with Imam Shafi'i suggests the situation is treated as if the damage occurred by the act of God.

Supporting text

The view aligned with Imam Shafi'i holds that the situation should be treated as if the destruction or damage occurred by an act of God (Samaawi).