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Summary
Malik says of a man who sold goods to another, who became insolvent: if the seller finds any of his goods themselves, he takes them. If the buyer sold some of them and dispersed them, the owner of the goods has a better right to them than the creditors. The fact that the buyer dispersed some of them does not prevent the owner from taking what he finds itself. If the seller collected something of the buyer's price, and then wishes to return it and take back what he finds of his goods, and what he did not find he shares with the creditors, that is his right. 1
Place in the museum
Belongs to the Muwatta, Book of Sales. Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on insolvency (iflas) and sale.
Connections
- Part of
- Muwatta, Book of Sales (buyu')
- Mentions
- Malik ibn Anas
- Basis for
- bankruptcy (iflas)· sale (bay')
People and things also explored
Muwatta 1781· Muwatta 1782· Muwatta 1783· Muwatta 1784· Muwatta 1785· Muwatta 1786· Muwatta 1787· Muwatta 1788
Sources
- Muwatta, recension of Yahya ibn Yahya al-Laythi (ed. Bashar Awwad Ma'ruf) , p.211
Cite this page
islam.museum contributors. “Muwatta 1981”. islam.museum, https://islam.museum/en/passage/muwatta-17-1981/. CC BY-SA 4.0. Last updated 2026-10-17.