Is the seller obligated to accept the price offered by creditors (Ghurama') to keep the goods?

General Chapter

Al-Mughni

Book of the Insolvent (Bankruptcy)

Book 14 · Issue 1 · Bab 1

Open in Qurani

Primary text

The seller is not obligated to accept the price offered by the creditors (Ghurama') in exchange for letting them keep the goods. This is the stated position of Ahmad and the opinion of Shafi'i. The evidence for this is derived from a reported narration (Khabar) and the principle that if a third party offers to settle a debt on behalf of the debtor, the creditor is not compelled to accept it, analogous to when a non-obligated party offers to pay maintenance (Nafaqa) for a husband or when someone else pays what a freed slave (Mukatab) owes his master.

Supporting text

Malik holds that the seller cannot revoke the sale (Faskh) if the creditors offer the full price, because revocation is only permissible to avert a deficiency in the price, which is no longer the case when the full price is offered, similar to when a defect in the sold item is removed.