Musannaf Ibn Abi Shaybah

Hazrat Sha'bi narrates that a man bought a slave girl for sixty dinars, paid thirty dinars in cash, and kept her mortgaged with the seller for the remaining amount. After a few days, when the buyer came with the remaining money, he found that the slave girl had died. In this situation, Hazrat Amr bin Shurahbil ruled that whatever the seller had taken possession of belonged to the seller, and the remainder belonged to the buyer.

Hazrat Shurayh states in this situation that the price taken by the seller will not be taken back from him, and his body will be buried.

Hazrat Sha'bi says that I prefer the statement of Amr bin Harith more.

Hazrat Mansur narrates that a man bought a slave-girl from someone; he paid part of the price in cash and left the remainder with the seller as a deposit for goods. Then the slave-girl passed away. Regarding this, Ibrahim said that the amount taken from the buyer should be returned to him, and the loss will be borne from the seller’s goods.

Hasan and Muhammad say that if a part of the price was paid in cash and for the remaining part, goods were kept as collateral, then if the goods are destroyed, it will be in exchange for what was yet to be paid, and what the seller has already received will belong to him. If it was something that is weighed or measured, then its loss will be upon the seller until the buyer takes full possession of it.