Is the recipient obligated to accept delivery if the subject matter delivered is superior but of a different type than stipulated?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
If the delivered item is of a superior quality but belongs to a different type than what was stipulated, acceptance is not obligatory. This is because the contract was specifically concluded based on the description and type agreed upon, and the loss of a specific type constitutes the loss of a condition, similar to the loss of any other stipulated condition.
Supporting text
The view of Al-Qadi permits acceptance because both types belong to a single genus, which are combined for Zakat purposes, thereby resembling an increase in quality within the same type. However, the prevailing view holds that the recipient may refuse because the differing type results in the loss of an objective for which the specific type was intended, analogous to the loss of the quality of excellence.