Does the original seller retain the right to reclaim the item if the buyer modified it after purchase, preceding bankruptcy?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
The established position among our scholars, aligning with the Madhhab of Al-Shafi'i, dictates that the seller of the cloth or grain retains the right to reclaim the specific property itself. This is because the essence of their property remains extant and observable, even though its name may have changed due to the modification. In the event of bankruptcy, the bankrupt person becomes a partner with the original seller concerning any value increase exceeding the original value of the goods. If value is added, it belongs to the bankrupt; if there is a loss, the bankrupt is liable for it. If the value of the cloth or grain decreases, the seller has the option to take the diminished goods without recourse, or to relinquish them and stand with the other creditors (*ghurama*). This latter option is permitted because the diminution in value constitutes a loss of attribute, similar to emaciation (*ihzal*).
Supporting text
A potential alternative view suggests that the seller loses the right to reclaim the item if its value has increased, because the increase belongs to the bankrupt, which prevents reclamation, analogous to the case where a slave gains weight. Furthermore, reclamation in this scenario does not fully separate the seller from the bankrupt or achieve the goal of terminating the transaction; instead, it introduces the disadvantage of partnership, meaning it does not fit the meaning of the explicitly established rulings, and therefore cannot be legally analogized to them.