Can the recipient refuse delivery if the subject matter delivered is inferior to the stipulated description?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
The recipient is not obligated to accept delivery if the subject matter delivered is inferior to the description, as accepting it would mean relinquishing their full right. However, if both parties willingly agree to this lesser quality, it is permissible, provided the delivered item belongs to the same category (genus) as stipulated. If the delivered item is of a different category, acceptance is not permissible based on prior established principles.
Supporting text
If the agreement is to deliver an inferior item coupled with an additional payment, this is impermissible. This is because the quality of excellence (Joodah) has been isolated for sale, which is prohibited, and because selling the subject matter of Salam before taking possession is invalid, making selling its description even more invalid.