What is the ruling regarding a lease contract if the leased property is destroyed after the bankrupt individual has collected the rent?

General Chapter

Al-Mughni

Book of the Insolvent (Bankruptcy)

Book 14 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a leased dwelling is destroyed after the bankrupt lessee has collected the rent for the entire term, the lease contract is dissolved for the remaining duration, and the corresponding portion of the rent paid is to be reimbursed. If the lessee subsequently finds his original asset, he takes back the equivalent value. If he does not find it, he shares this amount with the creditors proportionally. If this destruction occurs after the bankrupt's assets have been distributed, he has the right to reclaim his due share from the creditors because the obligation arose before the declaration of bankruptcy and confiscation, which is why he participates with them if the debt was established before the division.