but is elsewhere in the town—for example, in his shop—then the buyer is restrained from disposing of the item sold and the rest of his property until he produces it. This is the third scenario.
An example is where he says, “I bought this watch from you for ten riyals, and they are in my house.” In that case, we give him the item sold, but restrain him from disposing of it, as well as from disposing of the rest of his property. So, if he owns property, cars, farming equipment, and other assets, we restrain him: we close his shop, and he may not dispose of anything from his wealth until he brings the price of the watch—ten riyals—even though his shops and properties are worth millions. We say: Disposal is now suspended until you bring the ten riyals, because it is feared that he may dispose of his property in a manner harmful to the seller.
This rationale implies that he should be restrained only when the price is substantial. But if he possesses millions and the price is insignificant, such as ten riyals, can we say: We restrain you from disposing of this watch; you may not dispose of it, nor of anything else from your property, until you bring the price?! This is the apparent meaning of the author’s words.
The apparent implication of the rationale is that it distinguishes between a large price and a small price.
“And if it is absent but within the town, he is restrained from disposing of the item sold and the rest of his property until he produces it. But if it is absent far from it and the buyer is insolvent, then the seller has the right to rescind the sale. The option is also established in the event of a discrepancy in the described attribute, and when something previously seen has changed.”
His statement, “But if it is absent far from it,” is the fourth scenario. In that case, the seller has the right to rescind.
For example, he says, “I bought this watch from you for ten riyals.” We say, “Hand it over.” He replies, “The ten riyals are at my home in Riyadh, whereas we are now in Unayzah, and Riyadh is far away.” We then say to the seller: You have the right to rescind. Thus, he rescinds the sale, the merchandise returns to him, and its price remains owed by the buyer. The scenarios of this issue are therefore as follows: