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الفتح الربانی
Fath al-Rabbani
كتاب التفليس والحجرBook of Bankruptcy and Legal Disability
بَاب مَنْ وَجَدَ سِلْعَتَهُ عِنْدَ رَجُلٍ اِبْتَاعَهَا مِنْهُ وَقَدْ أَفْلَسChapter: One who finds his goods with a man who bought them from him and has become bankrupt
Hadith 6075
اُردوEn
عَنْ سَمُرَةَ بْنِ جُنْدُبٍ رَضِيَ اللَّهُ عَنْهُ عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ قَالَ مَنْ وَجَدَ مَتَاعَهُ عِنْدَ مُفْلِسٍ بِعَيْنِهِ فَهُوَ أَحَقُّ بِهِ
Narrated by Sayyiduna Samurah bin Jundub (may Allah be pleased with him) that the Noble Prophet (peace and blessings be upon him) said: If a creditor finds his exact property with an insolvent person, then he has the greatest right to it.
Brief Explanation
Benefits: … The meaning of all three ahadith is clear: when a person finds his very own goods with someone who has become insolvent, then those goods will belong to him, and the other creditors of the insolvent person will have no right to them, provided that he (the original owner) has not received anything of their price. From the words of the hadith, this condition is also understood: if the buyer has not yet made any use of the property of another, then the original owner will have a greater right to it. However, if the buyer has made any use of the goods, has changed their condition in any way, or has used them in some manner, then the original owner will not have a greater right. Rather, he will be entitled to a share according to the proportion, just like the other creditors. (Abdullah Rafiq)
