What is Al-Shafi'i's opinion regarding a creditor taking property when unable to secure the original debt item?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
Al-Shafi'i holds that if the creditor cannot secure the specific item of his right, he may take the equivalent amount, whether it is of the same kind as the debt or a different kind. If he possesses evidence and can secure the debt, there are two views among Al-Shafi'i's companions.
Supporting text
The famous view in Malik's Madhhab states that if the debtor owes no other debt, the creditor may take the equivalent of his right. However, if the debtor owes other debts, it is not permissible because they would share equally in the debtor's assets if bankruptcy occurred.