Should the proceeds from the sale of goods be paid back to those from whom the money was taken to purchase these goods, or should they be divided among all creditors, if the price of the goods does not cover half the debts?
The debtor should resort to Allah with supplication to repay his debt. Among the well-known supplications is the Prophet's prayer for Mu'adh: "O Allah, Sovereign of the dominion, You give dominion to whom You will... have mercy on me with a mercy that makes me independent of the mercy of anyone other than You."
As for seizing the debtor's merchandise to repay the debt, it is not permissible without his permission, unless he goes bankrupt and his case is brought before the ruler. In that case, his property is seized, and what is in excess of his needs is sold to settle the debts. The price is then distributed among the creditors according to their shares, except for whoever finds his exact merchandise, for he is more entitled to it.
Whatever debts remain owed by the insolvent debtor, he must be given respite until he can afford to pay. It is better for the creditors to forgo the debt as charity or to pardon it. The price of the merchandise is divided among the creditors according to their shares, and no creditor has more right than another unless he finds his exact merchandise with the debtor, not if the debtor has purchased another commodity with it.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/122539
- Source platform
- Ftawy
- Original fatwa ID
- 122539
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy