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Two men conducted a sale. The seller maintained the right of withdrawal for himself. The buyer took the goods which were then destroyed in his possession within the period of the right. What is the ruling? PDF Print E-mail
Kitabul Buyu' [Book of Transactions] - Khiyarush shart [right of withdrawl]

Question 750) - Two men conducted a sale. The seller maintained the right of withdrawal for himself. The buyer took the goods which were then destroyed in his possession within the period of the right. What is the ruling?

A: In the principle the right being maintained by the seller prevents ownership from leaving him. The buyer thus took the sellers goods. If it perished in his possession during the period of the right he must replace it with the same kind of good if it is a standard good, and with the price if is not standard.

~ al-Quduri ~