has not attached his right to an essence of property, nor has his ownership been established therein. He shares with the creditors regarding the item to be delivered via the forward sale (al-muslam fihi) to which he is entitled, rather than the price. Thus, an amount equal to his right is set aside for him. If there is, within the property, the same genus as his right, he takes from it an amount equal to what he is entitled to. If there is no such genus, an amount equal to his right is set aside for him, with which the item of the forward sale is purchased, and he then takes it. He is not allowed to take the set-aside amount itself, so that it does not become a substitute for what is in the liability of the forward sale. It is not permissible to take a substitute for the item of the forward sale. If it is possible to purchase with the set-aside amount more than what was estimated for him, due to a decrease in the price of the forward sale item, it is purchased for him according to the amount of his right, and the remainder is returned to the creditors. An example of this is a man who becomes insolvent and has a dinar, and he owes a man a dinar, and owes another person a qafiz of wheat from a forward sale, whose value is [2] a dinar. The insolvent person's dinar is divided into two halves; the creditor of the dinar gets one half, and the other half is set aside for the forward-sale creditor. If the wheat becomes cheaper, and the value of the qafiz becomes half a dinar, it becomes clear that his right is equivalent to half of the right of the creditor who is owed a dinar, so he is not entitled to more than one-third of the insolvent person's dinar. Thus, two-thirds of a qafiz are purchased for him with it and handed to him, and one-sixth of the dinar is returned to the other creditor. If the price of the forward sale item rises, and the value of the qafiz becomes two dinars, it becomes clear that he is entitled to twice what the creditor who is owed a dinar is entitled to, so he would have two-thirds of the insolvent person's dinar. It is purchased for him with the half that was set aside, and the other creditor is sought for the remaining one-sixth of a dinar, which is also used to purchase for him; because the set-aside amount is the property of the insolvent person, and the forward-sale creditor only has the amount of his right. If there is an excess, it belongs to the insolvent person, and if there is a deficit, he is liable for it.

Section: Abdullah ibn Ahmad said: I asked my father about a man who has many pledges, whose owners he does not know, nor does he know who pledged them with him. He said: If you despair of knowing them or knowing their heirs, then I am of the opinion that they should be sold and the price given as charity. If he subsequently identifies the owners, he gives them the choice between the reward or having him pay them back; this is what I hold. Abu al-Harith related from Ahmad regarding