What recourse does the seller have if the buyer flees before weighing the price while solvent?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 5

Open in Qurani

Primary text

If the buyer is solvent (*musir*), the seller must establish the matter before a judge (*Hakam*). If the judge finds assets belonging to the buyer, the buyer must pay the price. If no assets are found, the judge sells the sold item (*al-mabie*) and pays the seller the price from the proceeds. Any surplus belongs to the buyer, and if the price remains outstanding, it rests as a debt (*dhimmah*) upon the buyer.