What is the ruling regarding a sale involving specific description (Bay' bi-s-sifah) when the object sold is a specific, identified item?

Chapter on the Option of the Two Parties in Sale

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 2

Open in Qurani

Primary text

When the contract involves a specific, identified item, such as stating, "I sold you my Turkish slave," including all descriptions, the contract is nullified if the item is returned to the seller or destroyed before the buyer takes possession. This nullification occurs because the subject matter of the contract is specific, and its existence ceasing dissolves the contract. Separation before the buyer takes possession of the price or the item is permissible, similar to the sale of an item present at the time of the transaction.