What is the ruling when creditors affirm the seller owns the crop or fruit, but they are not just witnesses, or their testimony is not accepted?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If the creditors affirm that the crop or fruit belongs to the seller, but they do not act as witnesses, or if they witness but are not trustworthy (*adul*), or if their testimony is not judicially accepted, the bankrupt (*Mufllis*) must swear an oath, and the crop or fruit is established as his alone, excluding the creditors. This is because the creditors admit they have no right to it. If one creditor wishes to take possession of the crop or be allocated its price, this is permissible due to the admission of the remaining creditors regarding their lack of right. If that specific creditor refuses to accept it, he shall be compelled to accept it or release an equivalent amount from his debt claim. This is the position of Al-Shafi'i because this is established against the bankrupt, allowing him to settle the debt with it, similar to when a manumitted slave (*Mukatab*) pays his installments to his master, and the master denies receiving them while the slave affirms them.
Supporting text
If the creditors desire to divide the crop among themselves, they are obligated to accept it or release the corresponding debt. If they take possession of the fruit itself, they must return what they received to the seller because they affirmed his ownership of the thing itself, similar to acknowledging ownership of another's slave whom they then purchase from the true owner.