What is the ruling if there is a dispute among the creditors or between the purchaser and the creditors regarding uprooting versus retaining the saplings?

General Chapter

Al-Mughni

Book of the Insolvent (Bankruptcy)

Book 14 · Issue 3 · Bab 1

Open in Qurani

Primary text

If some parties choose uprooting while others choose retention, the preference for uprooting takes precedence, whether the choice comes from the bankrupt person, the creditors, or only some of the creditors. This is because retention constitutes a non-obligatory harm, and the unwilling party is not obliged to agree to it.