If the property conditioned to be included with the slave is destroyed before the sale is rescinded, what is the ruling?

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

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 5

Open in Qurani

Primary text

If the property that was stipulated to be included with the slave is destroyed, the ruling on whether the buyer can still rescind the contract is subject to two narrations (rawayatayn). If the rescission is permitted, the buyer is obligated to pay the value of the destroyed property.

Supporting text

Ahmad stated concerning a man who purchased a female slave along with jewelry (qina') stipulated in the contract, where the jewelry was subsequently destroyed: the buyer must pay its value proportionate to its share of the total purchase price.