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(Book 31, Hadith 88) #36429
Seller's Right to Buyer's Property

SUMMARY: A seller is more entitled to the buyer's property if the buyer becomes bankrupt and the seller has not taken any of the price.

Yahya related to me from Malik from Ibn Shihab from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whenever a man sells wares and then the buyer becomes bankrupt and the seller has not taken any of the price and he finds some of his property intact with the buyer, he is more entitled to it than anyone else. If the buyer dies, then the seller is the same as other creditors with respect to it".
حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ أَبِي بَكْرِ بْنِ عَبْدِ الرَّحْمَنِ بْنِ الْحَارِثِ بْنِ هِشَامٍ، أَنَّ رَسُولَ اللَّهِ قَالَ ‏ "‏ أَيُّمَا رَجُلٍ بَاعَ مَتَاعًا فَأَفْلَسَ الَّذِي ابْتَاعَهُ مِنْهُ وَلَمْ يَقْبِضِ الَّذِي بَاعَهُ مِنْ ثَمَنِهِ شَيْئًا فَوَجَدَهُ بِعَيْنِهِ فَهُوَ أَحَقُّ بِهِ وَإِنْ مَاتَ الَّذِي ابْتَاعَهُ فَصَاحِبُ الْمَتَاعِ فِيهِ أُسْوَةُ الْغُرَمَاءِ

TOPICS
selling  *  bankruptcy  *  property  *  creditor

QUICK LESSONS:
Strive for fairness and justice while dealing with others in our daily lives so that we can maintain peace and harmony among people.

EXPLANATIONS:
This hadith explains that when a man sells wares and then the buyer becomes bankrupt without taking any of the price from him, he is more entitled to his property than anyone else. If the buyer dies, then he is considered as other creditors with respect to it. This hadith teaches us that sellers should be given their due rights in case of bankruptcy or death of buyers. It also teaches us about fairness and justice in business transactions. We should always strive for fairness and justice while dealing with others in our daily lives so that we can maintain peace and harmony among people.

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