If the seller is permitted to reclaim the land with improvements attached, how is the property disposed of?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If reclamation is permitted and the parties agree to sell both the land and the improvements, they shall be sold, and each party receives a share of the proceeds according to their respective value. The land's value without the planting and construction is determined first, and the remainder of the price constitutes the share belonging to the bankrupt and creditors.
Supporting text
If one party refuses the joint sale, it is debated whether they can be compelled, similar to the dyed cloth case. If no joint sale is sought or compelled, and they agree on a division, that agreement stands. If they disagree, the land belongs to the seller, and the planting/construction belongs to the bankrupt and creditors. The creditors are allowed entry to water the trees but not merely for looking, while the seller has full rights to enter and utilize the land because it is their property.