If neither of them trusts the other, they themselves may appoint a trustworthy third party. One may say: “You do not trust me, and I do not trust you. Let us go to so-and-so, give him the price and the item sold, and he will hand each of us what is due to him.” This is the sounder view.
His statement, “If the buyer is insolvent, the seller may rescind,” is somewhat unclear. The apparent meaning of the words, “while the buyer is insolvent,” is that this is a qualification of the case in which the price is absent and far away, with the conjunction being circumstantial. But that is not actually the case. Here, the conjunction means “or”; that is, likewise, if it becomes evident that the buyer is insolvent, the seller may rescind.
The phrase, “while the buyer is insolvent,” means: or if it becomes evident that the buyer is insolvent. This indicates that if the seller knew of the buyer’s insolvency, he has no right of rescission—and this is correct. For example, if a man sells an item to someone thinking him wealthy, then it becomes clear that he is insolvent, he may rescind the sale, because granting him time would harm the seller. But if he sells this item to someone while knowing that he is insolvent, then he has no right of rescission, because he entered into the transaction with full knowledge.
If it becomes evident that the buyer is a deliberate defaulter rather than insolvent, may the seller rescind? The answer is yes, although the position of the established school is that he may not. If it becomes evident that he is a deliberate defaulter, he is taken before the judge so that the rulings applicable to defaulters may be enforced against him.
But the correct view is that if he is found to be a deliberate defaulter, the seller may rescind, for some defaulters are in a worse condition than the poor. A poor person may perhaps be granted wealth by Allah and then repay his debt, whereas a person for whom deliberate delay is habitual will find it extremely difficult to repay. Thus, the sound view is that the seller may rescind in order to safeguard his wealth. Moreover, besides protecting the seller’s wealth, this also deters the defaulter: when he knows that the sale will be rescinded if he delays payment, he will conduct himself properly and will not delay in the future.