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 2361
اُردوEn
حَدَّثَنَا عَمْرُو بْنُ عُثْمَانَ بْنِ سَعِيدِ بْنِ كَثِيرِ بْنِ دِينَارٍ الْحِمْصِيُّ ، حَدَّثَنَا الْيَمَانُ بْنُ عَدِيٍّ ، حَدَّثَنِي الزُّبَيْدِيُّ مُحَمَّدُ بْنُ الْوَلِيدِ ، عَنِ الزُّهْرِيِّ ، عَنْ أَبِي سَلَمَةَ ، عَنْ أَبِي هُرَيْرَةَ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " أَيُّمَا امْرِئٍ مَاتَ وَعِنْدَهُ مَالُ امْرِئٍ بِعَيْنِهِ اقْتَضَى مِنْهُ شَيْئًا أَوْ لَمْ يَقْتَضِ فَهُوَ أُسْوَةٌ لِلْغُرَمَاءِ " .
´It was narrated from Abu Hurairah that the Messenger of Allah (ﷺ) said:` “Any man who dies and has the property of another man, whether he paid something towards it or not, (the owner of those goods) is like any other creditor.”
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
