A man who buys something, part of it is handed over, and the buyer does not take possession until it perishes with the seller

Al-Sha'bi said that a man bought a slave woman for sixty dinars. He paid thirty dinars in cash and left her with the seller as a pledge for the remainder. Some days later the buyer came with the rest of the money and found that the slave woman had died. In this case, Sayyiduna Amr bin Hurayth (may Allah be pleased with him) ruled that what the seller had taken possession of belongs to the seller, and what remains belongs to the buyer.

Shurayh said about this case that the seller returns the price he took and buries her corpse.

Al-Sha'bi said: "The view of Sayyiduna Amr bin Hurayth (may Allah be pleased with him) is more pleasing to me."

Mansur said that a man bought a slave woman from another man, paid part of the price in cash, and left her with the seller against the remaining amount. Then the slave woman died. Concerning this, Ibrahim said that the money taken from the buyer will be returned to him, and the loss will fall on the seller's property.

Al-Hasan and Muhammad said that if part of the price was paid in cash and the goods were left as a pledge against the remainder, and the goods then perished, they count against what was still owed, and what the seller has already received remains his. If it was something that is weighed or measured, its loss is the seller's liability until the buyer has received it in full.