the buyer, or some of it perishes, he does not have the right of rescission (16) for that, because he destroyed his own property and thus has no claim against another. If this is done by the seller, the analogy of our companions’ opinion is that the buyer is given the choice between rescission and recovering the price, or accepting it and demanding from the seller compensation for what was destroyed or rendered defective. The analogy of al-Shafi’i’s opinion is that it is in the same category as that which perishes by the act of Allah the Almighty. If it is done by a third party, he has the choice between rescission and demanding the price, or taking the sold item and demanding from the person who destroyed it compensation for what was destroyed.

Section: If one sells a sheep for barley, and it consumes it before taking possession, if it was in the buyer's possession, it is as if he had destroyed it. If it was in the seller's possession, it is in the same category as his destroying it (17). Likewise, if it was in the possession of a third party, it is considered as their destruction of it. If it was not in anyone's possession, the sale is rescinded; because the sold item perished before possession due to a cause not attributed to a human, so it is like its perishing by the act of Allah the Almighty.

Section: If one buys a sheep, a slave, or a share (in property) with food, then takes possession of the sheep or slave, or sells them, or the share is taken via pre-emption (shuf’a), and then the food perishes before being taken into possession, the first contract is rescinded but not the second, and the taking by pre-emption is not voided; because it was completed before the rescission of the contract. The buyer of the food then has a claim against the buyer of the sheep, slave, or share for the value of that item because the return of the item itself is impossible, and he has a claim against the pre-emptor for the equivalent of the food, as it is the substitute for the share.

732- Issue: He said: (And other than that, it does not require possession, and if it perishes, it is from the buyer's wealth.)

He means what is other than the measured, weighed, and counted items, for that enters into the liability of the buyer before he takes possession of it. Abu Hanifa said: Every sold item that perishes (1) before it is taken into possession is the liability of the seller, except