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Summary
Malik says: as for goods sold on which the buyer has done nothing, except that the goods have perished and their price has risen, and their owner wants them, while the creditors want to keep them: the creditors have the choice between giving the owner of the goods the price for which he sold them, without reducing it at all, and handing him over his goods. If the price of the goods has fallen, the seller has the choice: if he wishes, he takes his goods and has no claim on any of the debtor's property; that is his right. If he wishes to be one of the creditors, sharing in proportion to his claim, and does not take his goods, 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).
Connections
- Part of
- Muwatta, Book of Sales (buyu')
- Mentions
- Malik ibn Anas
- Basis for
- bankruptcy (iflas)
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.212
Cite this page
islam.museum contributors. “Muwatta 1984”. islam.museum, https://islam.museum/en/passage/muwatta-17-1984/. CC BY-SA 4.0. Last updated 2026-10-17.