There is, however, reason to question what Abū Masʿūd has said. This principle is agreed upon among Muslims, without dispute. It is among the rulings on which all peoples and faiths must broadly agree, for it rests upon the justice and equity by which the heavens and earth stand, and for which Allah sent down the Scriptures and sent the messengers. As He, Most High, says:

“We certainly sent Our messengers with clear proofs and sent down with them the Scripture and the balance, so that people may uphold justice.”

This is because transactions involving an exchange, such as sales and leases, rest upon balance and fairness between the two parties. Neither gives what he gives except to obtain what he seeks. Each therefore both receives and gives, seeking something from the other while being asked for something in return.

If the subject matter sought through the contract perishes before possession can be taken—for example, if leased property perishes before possession can be taken, or goods sold by measure or weight perish before being separately measured or weighed and delivered, or in similar cases—there is no obligation to pay the rent or purchase price.

If the loss occurs in circumstances in which no one can be held liable—that is, through an act of God—the contract becomes void. The purchase price must then be returned to the buyer if it has already been received from him; otherwise, he is released from the obligation to pay it.

If, however, the loss occurs in circumstances in which someone can be held liable—that is, a person who can be required to compensate for it destroys the property—the buyer may rescind the contract because the property perished before he could take possession. Alternatively, he may uphold the contract, since he can seek compensation from the person who destroyed it. If