What is the ruling if only a portion of the subject of the Salam contract becomes undeliverable?

Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 6

Open in Qurani

Primary text

If part of the subject matter cannot be delivered, the buyer has the choice between dissolving the entire contract and reclaiming the full price paid, or waiting until delivery becomes possible and demanding their due portion. Alternatively, the buyer may choose to dissolve the contract only for the missing portion and retain the existing portion.

Supporting text

One opinion dictates that the buyer has no right to dissolve the contract for only a part; they must either dissolve the whole contract or wait for complete delivery, reflecting the disagreement regarding partial rescission (Iqalah) of the Salam subject matter.