If A Man Becomes Bankrupt And Another Man Finds His Exact Goods With Him

English translation

Narrated Abu Hurairah:

The Messenger of Allah (ﷺ) as saying: If anyone becomes insolvent and the man (i.e. creditor) finds his very property with him, he is more entitled to it than anyone else.

English translation

Narrated AbuBakr ibn AbdurRahman ibn al-Harith ibn Hisham:

The Prophet (ﷺ) said: If a man sells (his) property and the man who buys it becomes insolvent, and the seller does not receive the price of the property he had sold, but finds his very property with him (i.e. the buyer), he is more entitled to it (than others). If the buyer dies, then the owner of the property is equal to the creditors.

English translation

The tradition mentioned above has also been transmitted by Abu Bakr b. 'Adb al-Rahman b. al-Harith b. Hisham from Messenger of Allah (ﷺ) through a different chain of narrators to the same effect as narrated by Malik. This version adds:

"If he paid something from the price (of the property), then he will be equal to the creditors in it."

English translation

A similar tradition (to the No. 3513) has been transmitted by AbuHurayrah from the Prophet (ﷺ). This version has:

If he paid something from its price, then he will be equal to the creditors in the remaining price. If a man dies and he has the very property of a man (i.e. seller), he is equal to the creditors whether he (the buyer) pays him (the price) or not. Abu Dawud said: Malik's version of this tradition is sounder.

English translation

Umar ibn Khaldah said:

We came to AbuHurayrah who had become insolvent. He said: I shall decide between you on the basis of the decision of the Messenger of Allah (ﷺ): If anyone becomes insolvent or dies and the man (the seller) finds his very property with him, he is more entitled to it (than others).