Is a reconciliation (*Sulh*) valid if the beneficiary reconciles with the guarantor regarding the *Musallam fih* using its price/value?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
If the *Musallim* (beneficiary) reconciles with the guarantor concerning the *Musallam fih* using its price, this reconciliation is invalid because it constitutes a cancellation (*Iqalah*), which is only valid when conducted by the *Musallam Ilayh* (the primary debtor, not the guarantor).
Supporting text
If the *Musallam Ilayh* reconciles with the beneficiary using the price of the *Musallam fih*, this is valid, and the liability of both the *Musallam Ilayh* and the guarantor is discharged, as this is a valid cancellation (*Iqalah*). If the reconciliation is made for an amount other than the price, it is invalid because it constitutes selling the *Musallam fih* before taking possession of it.