What is the ruling on returning defective currency after the parties have separated (Tafarruq)?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
There are two views concerning the return of defective currency after the parties have separated. One view holds that the contract is voided by the return, because taking possession (Qabd) occurred after separation, which is impermissible in a Salam contract. The other view maintains that the contract is not voided because the initial taking of possession was valid. This is evidenced by the ruling that if the recipient kept the defective item without returning it, the contract stands, indicating the validity of the initial possession. This latter opinion is held by Abu Yusuf and Muhammad, and it is one position attributed to Al-Shafi'i and chosen by Al-Muzani.
Supporting text
If the second opinion is adopted, a condition exists: the recipient must take possession of the sound replacement currency within the session of the return. If the parties separate before taking possession of the replacement currency, the contract is invalid unanimously, due to the lack of subsequent possession of the price after their separation.