The application of prophetic tradition regarding the return of goods when the buyer's creditors have rights in the object.

General Chapter

Al-Mughni

Book of the Insolvent (Bankruptcy)

Book 14 · Issue 3 · Bab 1

Open in Qurani

Primary text

The prophetic tradition concerning the return of goods is applicable only when the item is found in its original description, without any additions, and no other rights have become attached to it. In the case of bankruptcy, the rights of the creditors become attached to the object due to the accretion present within it. Since the partial destruction of the sold item prevents rescission without causing harm to the bankrupt or creditors, preventing the return of the object with an accretion, which would cause loss to the creditors by returning them less than they are owed, is deemed more appropriate. If the seller were allowed to take back the diminished item, they would only reclaim what they sold and what left their possession; however, reclaiming the item with accretion means reclaiming what was not sold and what did not leave their possession, thus the prevention of return is stronger.