وهلاك الثمن لا يمنع صحة الإقالة
Translation: The loss of the price does not prevent a valid iqalah.
Thaman (the price) must be distinguished from mabi' (the sold object). Fungible money is repaid by equivalent amount, not necessarily the identical banknotes.
Example:
1. A fan was purchased for Rs 40,000.
2. The seller spent the received notes.
3. The fan survives, and both want iqalah.
4. The spent notes do not block iqalah; return of Rs 40,000 remains due.
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Rescission by Agreement: Original Price and Loss of Goods
وهلاك الثمن لا يمنع صحة الإقالة
Translation: The loss of the price does not prevent a valid iqalah.
Thaman (the price) must be distinguished from mabi' (the sold object). Fungible money is repaid by equivalent amount, not necessarily the identical banknotes.
Example:
1. A fan was purchased for Rs 40,000.
2. The seller spent the received notes.
3. The fan survives, and both want iqalah.
4. The spent notes do not block iqalah; return of Rs 40,000 remains due.