The Seller’s Right of Acquisition in Presumption of the Indebted Customer's Death

According to the Islamic sources, if the customer, after concluding the sale, receives the object of sale of the contract with the consent of the seller and dies before paying the price, the seller can return the object of sale. Since the ownership of the goods is transferred to the customer as soon as the contract is concluded, this situation does not seem to be compatible with the consequence of the sale. Therefore, different views have been expressed about the nature of the seller's action regarding the return of the sold goods; option of cancelation, revocation, mortgage revocation and performing revocation are some of these theories offered. The purpose of the present study is to analyze and critique the views expressed in this regard and finally to present a selected opinion in the context of the principles accepted in Imāmī jurisprudence. In this research, with the analytical method, the legitimacy of the seller's recourse has been proved and it has been concluded that this act is considered as a right of compulsory acquisition.