Who has priority regarding goods sold by a debtor who subsequently becomes bankrupt before delivery?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

The buyer has priority over the general creditors (al-Ghurama') concerning the specific goods sold, regardless of whether the goods were measurable by capacity or weight or otherwise. This is established because the buyer has already acquired ownership and the right to the item, making them more entitled to it, akin to if they had already taken possession. This ruling applies equally whether the price was paid before or after the bankruptcy declaration.