due to insolvency. Ahmad stated, in a narration by al-Hasan ibn Thawab, that his property shall be suspended until his debt becomes due, at which point the seller may choose to rescind or proceed with the sale. This is the view of some of the companions of al-Shafi'i. The explicitly stated position of al-Shafi'i is that it is sold to satisfy current debts. An analogous ruling can be derived for us, because these are current rights, so they are prioritized over deferred debt, like the debt of one who cannot find the physical asset of his property. The proponents of the first view cite the report [of the Prophet], and argue that this seller's right has attached to the physical asset, so it is prioritized over others, even if it is deferred, just like the pledgee and the one against whom a crime was committed.

Section: Ahmad said regarding a man who purchased food on credit, inspected it, turned it over, and said: "I will take possession of it tomorrow." Then the seller died while he had debt, the food belongs to the buyer, and the creditors pursue him for the price, even if it was cheap. Al-Thawri and Ishaq said the same; because ownership was established for the buyer through the purchase, and the seller's ownership of it ceased, so the seller's creditors do not share in it, just as if he had taken possession of it.

The fifth condition is that the insolvent person must be alive. The explanation of this will come at the end of the chapter, if Allah the Exalted wills.

Section: The seller’s reclaiming of the sold item is an annulment of the sale. It does not require knowledge of the sold item, nor the ability to deliver it, nor that the sold item is not confused with another. If he reclaims a sold item that is absent after a period has passed during which it might change, and then he finds it in its original state and nothing of it has perished, his reclamation is valid. If he reclaims a slave after he has absconded, or a camel after it has strayed, or an untamed horse, it is valid, and it becomes his. If he is able to capture it, he takes it; if it has gone, it is at his own risk. If it becomes clear that it was already perished at the time of the reclamation, his reclamation is invalid, and he is entitled to claim with the other creditors from what remains of his property. If he reclaims the sold item and it is confused with another, and the seller says: "This is the sold item," while the insolvent person says: "Rather, it is this one," then the word of the insolvent person is accepted; because he is denying the entitlement claimed by the seller, and the presumption supports him.