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)

Book 13 · Issue 2 · Bab 1

Open in Qurani

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.