What is the ruling regarding a seller's right to reclaim a slave sold when the buyer defaults (becomes bankrupt) after the liability for bodily injury (arsh al-jinayah) has attached to the slave's person?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
There are two primary views concerning the seller's right to revoke the sale (ruju') when the buyer goes bankrupt after the liability for injury compensation (arsh al-jinayah) is attached to the slave. The first view holds that the seller has no right to reclaim the slave. This is because the attachment of a pledge (rahn) prevents the return, and the right of the injury compensation takes precedence over the right of the pledgee, thus it logically prevents the seller's right to return the item. This opinion is mentioned by Abu Al-Khattab. The second view maintains that the attachment of the injury compensation does not prevent the seller's right to reclaim, similar to a debt owed by the buyer in his personal liability, which does not prevent the return, unlike a pledge which restricts the buyer's disposition of the item.
Supporting text
If the ruling permits the seller to reclaim the slave, the slave's status is treated the same as if it were pledged. If the ruling permits the seller to reclaim, the seller is given the choice: either to reclaim the slave in its diminished state, subject to the injury compensation, or to share the slave's price pro-rata with the general creditors.