Musannaf Ibn Abi Shaybah 21025
✧ Regarding the man who buys something from a man and pays him part of it, but the buyer does not take possession until it goes away
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حَدَّثَنَا عَبْدُ الْأَعْلَى، عَنْ هِشَامٍ عَنِ الْحَسَنِ وَمُحَمَّدٍ قَالَا:
إِنْ كَانَ نَقَدَ بَعْضَ الثَّمَنِ وَارْتَهَنَ الْمَتَاعَ بِالْبَقِيَّةِ، فَهَلَكَ الْمَتَاعُ فَهُوَ بِمَا ارْتَهَنَهُ وَلَهُ مَا كَانَ قَدْ أَخَذَ، فَإِنْ كَانَ بَيْعًا مِمَّا يُكَالُ وَيُوزَنُ فَنُقْصَانُهُ عَلَى الْبَائِعِ حَتَّى يُوَفِّيَهُ الْمُشْتَرِيَ
Translation
Machine translation, not reviewed
"If he paid part of the price and took the goods as a pledge for the remainder, and the goods perished, then the loss is on what he held as a pledge, and he has what he had taken. If the sale was of something measured or weighed, then its shortfall is on the seller until the buyer pays him in full.
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