Sahih Ibn Khuzaymah

Sayyiduna Ibn Abbas (may Allah be pleased with them both) narrates that the Messenger of Allah (peace and blessings be upon him) sent for sacrifice, in the year of the Treaty of Hudaybiyyah, the camel that was obtained from Abu Jahl, and there was a silver ring in its nose. This camel was acquired by the Muslims as war booty on the day of Badr. Imam Abu Bakr (may Allah have mercy on him) says that the words "the camel of Abu Jahl" are of the same kind as what I have mentioned in the Book of Transactions under the chapter of Horses, that sometimes property is attributed to its former owner even though his ownership has now ended, as in the statement of Allah the Exalted: « اجْعَلُوا بِضَاعَتَهُمْ فِي رِحَالِهِمْ » [ سورة يوسف : 92 ] "Put their capital (money) in their goods." In this way, Allah the Exalted has attributed the wealth of the brothers of Prophet Yusuf (peace be upon him) to them, even though in exchange for that wealth they had already bought wheat and other things (and that wealth had left their ownership). I have deduced from this verse because some of our opponents think that the saying of the Prophet (peace and blessings be upon him): "When a person becomes insolvent and the creditor finds his own property with him in its original form, then he is more entitled to it than the other creditors," means that the property referred to is that which was given as a trust or was usurped by that person, and therefore the ownership of the first owner has not yet ended (so he is more entitled to it than others). Whereas, according to Imam Ibn Khuzaymah (may Allah have mercy on him), the attribution of this property to that person is due to his being the former owner. I have explained this issue in detail in the Book of Transactions.