The full price originally corresponded to the full specified quantity. A portion is now missing, so the price of the available measures can be determined proportionately.
The juristic idea of division of a single bargain (tafarroqu al-safqah) explains why the buyer may reject a partial fulfilment. The original consent was to one complete bargain.
The doctrine therefore combines a proportional consideration with an option not to accept the divided transaction.
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Kitab al-Buyu: Shortage, Surplus, Buyer Options and Price Allocation
The full price originally corresponded to the full specified quantity. A portion is now missing, so the price of the available measures can be determined proportionately.
The juristic idea of division of a single bargain (tafarroqu al-safqah) explains why the buyer may reject a partial fulfilment. The original consent was to one complete bargain.
The doctrine therefore combines a proportional consideration with an option not to accept the divided transaction.