What is the ruling regarding the ownership of food purchased on credit if the buyer inspects it but postpones physical possession until the next day, and the seller dies possessing debt?

General Chapter

Al-Mughni

Book of the Insolvent (Bankruptcy)

Book 14 · Issue 1 · Bab 1

Open in Qurani

Primary text

The food belongs to the buyer. The seller's creditors follow the debt (the price owed) against the food, even if the price is low. This position is held by Ahmad, Ath-Thawri, and Ishaq. The evidence supporting this is that ownership was established for the buyer through the contract of sale, and the seller's ownership was thereby extinguished. Therefore, the seller's creditors have no claim on the item itself, similar to the case where the buyer had taken immediate possession.