Is rescission (Iqalah) permissible for only a portion of the subject matter of a Salam contract?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
There is a difference of opinion regarding the permissibility of Iqalah for only a part of the subject matter of a Salam. One narration from Ahmad states it is not permissible. This view is supported by the reasoning that in the case of delayed payment (ta'jil), the price is often increased due to the deferment. If Iqalah occurs on a part, the remaining portion remains subject to the remaining price along with the benefit of the part for which Iqalah was made, which is impermissible, similar to stipulating such conditions at the inception of the contract.
Supporting text
It is narrated that Iqalah for a portion is permissible. This view is held by Hanbal, from Ahmad, and is also attributed to Ibn Abbas, Atā, Tawus, Muhammad ibn Ali, Humayd ibn Abd al-Rahman, Amr ibn Dinar, Al-Hakam, Al-Thawri, Al-Shafi'i, Al-Nu'man and his companions, and Ibn al-Mundhir. The evidence for this position is that Iqalah is recommended, and every act of beneficence permissible in the whole is permissible in the part, analogous to forgiveness of debt (ibra') or granting a delay (inzar).