What is the right of a lessee whose lessor becomes bankrupt concerning a fungible item rented in obligation (in the dhimma)?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the lessor rents a fungible item, such as a camel, in the lessee's obligation (in the dhimma) and the lessor subsequently goes bankrupt, the lessee is treated equally with the general creditors (Ghurama'). This is because the lessee's right is not attached to a specific physical asset.
Supporting text
This ruling is the established position of Imam Al-Shafi'i, and no known scholarly disagreement exists regarding it.