Does the seller possess the right to annul the sale in all cases when the price payment is unattainable?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 5

Open in Qurani

Primary text

The right of the seller to annul the sale exists in all circumstances when payment cannot be secured. This is superior to referring the matter to a judge because delay causes harm to the seller, similar to when the price is far from the town, which permits annulment. Referring the matter to a judge is inadequate because the seller may be unable to prove the case, or the transaction might occur where no judge is present. Furthermore, testimony acceptable to a judge may not be readily available, thus referring the matter causes the loss of the seller's money.