Musannaf Ibn Abi Shaybah

It is narrated from Hazrat Abu Hurairah (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: If a person becomes bankrupt and his goods are still present in their original form, then he has more right to them than the creditors.

It is narrated from Hazrat Abu Huraira (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: If a person's property is found in its original form with someone who has become insolvent, then he is more entitled to it than the other creditors.

Hazrat Auf narrates that a letter from Hazrat Umar bin Abdul Aziz was read before us. It was written in it that if a person becomes insolvent and the property of someone else is found with him in its original form, then that person has more right to it than the other creditors. However, if he has earned something from that property, then it will be distributed among the creditors. This is the decision that the Messenger of Allah (peace be upon him) gave.

Hazrat Mak’hool says that if a person who has become insolvent has someone’s property present in its original form, then it belongs to that person; however, if its price has been obtained, then it will be distributed among the creditors.

Ibrahim says that he is also among the creditors' share.

Hasan says that it is also the share of the creditors.

A man came to Hazrat Sha’bi and asked: I gave some wealth to a man for partnership (Mudarabah), he set out on a trade journey and passed away in Halwan. I went after him and saw that the pouch I had given was present exactly as it was. Hazrat ‘Amir said: You cannot take it except after leaving the creditors.

Hazrat Abu Huraira (may Allah be pleased with him) narrates that if a person's property is found in its original form with someone who has become insolvent, then it belongs to him.

Hazrat Ali (may Allah be pleased with him) says that if a person's property is found in its original form with a bankrupt person, then it belongs to him.

Ibrahim says that it belongs to the creditors.

Hasan says that it belongs to the creditors.

Ibrahim says that if the ruler does not prevent, then it belongs to the creditors.