Source: Urdu Commentary of ‘Umdat al-Ahkam from the Sayings of the Best of Mankind
Translation by: Hafiz Faizullah Nasir
The Messenger of Allah (صلى الله عليه وسلم) said—or he (Abu Hurairah) said: I heard the Prophet (صلى الله عليه وسلم) say—
“Whoever finds his property exactly as it was with a man (or person) who has become bankrupt, he has more right to it than others.”
Refers to the exact same item or property, not its equivalent or value.
✔ If no payment has been made for that item, the transaction is considered void (فسخ) and the original seller has the right to repossess the item.
✔ In such a case, other creditors have no right over that item.
However:
✔ If some payment has already been made for the item, then all creditors, including the original seller, are equal shareholders in the value of the asset.
Hadith References:
① Sahih al-Bukhari, Book of Loans, Chapter: If one finds his property with a bankrupt person in sale, loan, or deposit, Hadith: 2402
② Sahih Muslim, Book of Musaqah, Chapter: One who finds what he sold with the buyer, Hadith: 1559
Translation by: Hafiz Faizullah Nasir
✿ Hadith
Narrated by: Abu Hurairah (رضي الله عنه)The Messenger of Allah (صلى الله عليه وسلم) said—or he (Abu Hurairah) said: I heard the Prophet (صلى الله عليه وسلم) say—
“Whoever finds his property exactly as it was with a man (or person) who has become bankrupt, he has more right to it than others.”
✿ Explanation of Vocabulary
بعينه (Bi-‘Aynihi):Refers to the exact same item or property, not its equivalent or value.
✿ Explanation of the Hadith
If someone purchases an item from another and subsequently the seller becomes bankrupt, then:✔ If no payment has been made for that item, the transaction is considered void (فسخ) and the original seller has the right to repossess the item.
✔ In such a case, other creditors have no right over that item.
However:
✔ If some payment has already been made for the item, then all creditors, including the original seller, are equal shareholders in the value of the asset.
Hadith References:
① Sahih al-Bukhari, Book of Loans, Chapter: If one finds his property with a bankrupt person in sale, loan, or deposit, Hadith: 2402
② Sahih Muslim, Book of Musaqah, Chapter: One who finds what he sold with the buyer, Hadith: 1559
