What is the right of the recipient (al-Musallim) in a Salam contract if the principal amount (Thaman) still exists when the seller becomes bankrupt?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the recipient of a Salam contract finds the original price (Thaman) still existing, the recipient has the first right to it because they have found the exact substance of their property. If the original price is not found, the recipient shares equally with the general creditors because their right did not attach to the specific item itself, nor was ownership established over the Thaman.
Supporting text
The share of the item specified in the Salam contract that the recipient is due (excluding the price) is to be set aside for them. If the bankrupt's assets contain the same commodity as the Salam object, the recipient takes that commodity up to their due share. If the same commodity is absent, an equivalent amount is set aside to purchase the commodity for them. The recipient is prohibited from taking the set-aside item in kind if its value has appreciated or depreciated beyond the calculated right, as this would constitute an exchange for what is owed from the debtor's liability (ma'al adh-dhimmah). Exchanging the Salam object for another item is generally not permissible.