سنن ابن ماجه
Ibn Majah
كتاب الأحكامThe Chapters on Rulings
بَابُ : مَنْ وَجَدَ مَتَاعَهُ بِعَيْنِهِ عِنْدَ رَجُلٍ قَدْ أَفْلَسَChapter: One Who finds His Exact Property With A Man Who Has Become Bankrupt
Hadith 2360
اُردوEn
حَدَّثَنَا إِبْرَاهِيمُ بْنُ الْمُنْذِرِ الْحِزَامِيُّ ، وَعَبْدُ الرَّحْمَنِ بْنُ إِبْرَاهِيمَ الدِّمَشْقِيُّ ، قَالَا : حَدَّثَنَا ابْنُ أَبِي فُدَيْكٍ ، عَنْ ابْنِ أَبِي ذِئْبٍ ، عَنْ أَبِي الْمُعْتَمِرِ بْنِ عَمْرِو بْنِ رَافِعٍ ، عَنِ ابْنِ خَلْدَةَ الزُّرَقِيِّ وَكَانَ قَاضِيًا بِالْمَدِينَةِ ، قَالَ : جِئْنَا أَبَا هُرَيْرَةَ فِي صَاحِبٍ لَنَا قَدْ أَفْلَسَ ، فَقَالَ : هَذَا الَّذِي قَضَى فِيهِ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " أَيُّمَا رَجُلٍ مَاتَ أَوْ أَفْلَسَ فَصَاحِبُ الْمَتَاعِ أَحَقُّ بِمَتَاعِهِ إِذَا وَجَدَهُ بِعَيْنِهِ " .
´It was narrated that Ibn Khaldah, who was a judge in Al-Madinah, said:` We came to Abu Hurairah and asked him about a companion of ours who had become bankrupt. He said: “This is what the Prophet (ﷺ) ruled: 'Any man who dies or becomes bankrupt, the owner of the product has more right to it, if he finds the exact thing.”
Related hadith on this topic
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
(1)
If the deceased had taken a cash loan from someone and passed away before using it, the person who gave this loan cannot claim that he should receive the entire amount in full, arguing that these are the exact same notes he had lent. Rather, this creditor is like any other creditor. If the other creditors receive their full loan amounts, then he too will receive his full loan. And if, due to the total amount of debt exceeding the estate, the other creditors are receiving less than their original loan amounts, then he too will be paid proportionally less. In this matter, the ruling for cash is not the same as for other goods, which, if present in their original form, the creditor may take back—as has been explained in the benefit 3(a) of Hadith: 2359.
(1)
If the deceased had taken a cash loan from someone and passed away before using it, the person who gave this loan cannot claim that he should receive the entire amount in full, arguing that these are the exact same notes he had lent. Rather, this creditor is like any other creditor. If the other creditors receive their full loan amounts, then he too will receive his full loan. And if, due to the total amount of debt exceeding the estate, the other creditors are receiving less than their original loan amounts, then he too will be paid proportionally less. In this matter, the ruling for cash is not the same as for other goods, which, if present in their original form, the creditor may take back—as has been explained in the benefit 3(a) of Hadith: 2359.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2361
