If part of a measured or weighed commodity is destroyed before the buyer takes possession, is the contract for the remainder voided?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 5 · Bab 5

Open in Qurani

Primary text

If part of a measured or weighed commodity perishes before the buyer takes possession, the contract for the remaining portion is not voided. The buyer takes the remainder at a price proportional to its share of the original price. This is because the contract was valid initially, and the destruction of a part does not invalidate the contract for the remainder, similar to what occurs after possession or if the buyer returns a defective item or mutually agrees to cancel part of the sale.