What is the right of a lessee (Musta'jir) whose lessor (Mu'jir) becomes bankrupt concerning a specifically designated rented asset (Dar or B'eer)?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

The lessee who specifically rented a house, camel, or any other specific item has a superior right over the general creditors (Ghurama') to that specific asset until their benefit (usufruct) right is fully realized. This is because the right is tied directly to the specific asset, and the benefit during the rental period is considered owned by the lessee, analogous to a purchase. If the specific asset perishes or is destroyed before the lease term ends, the lease contract is terminated, and the lessee shares equally with the creditors for any remaining rent paid.