property of the insolvent person, so it must be applied to his debt, like the rest of his property. Our view is that this is something the insolvent person cannot do without; therefore, it is not to be applied to his debt, just like his clothes and his food. The [aforementioned] hadith is a ruling regarding a specific case; it is possible that he possessed no real estate and no servant. It is also possible that the Prophet (peace and blessings of Allah be upon him) said: "Take what you find," referring to what had been given to him in charity, for what is mentioned before that [indicates] as such. It is narrated that the Prophet (peace and blessings of Allah be upon him) said: "Give charity to him." They gave him charity, but it did not reach the amount of his debt, so the Prophet (peace and blessings of Allah be upon him) said: "Take what you find," meaning from what was given to him in charity. The obvious meaning is that no house was given to him in charity while he was in need of living in it, nor a servant while he was in need of his service. Furthermore, the hadith is specified by the clothes of the insolvent person and his food, so we analogize the matter in dispute to it. Their analogy is also invalidated by this, and by the rent of the residence, as he is dispensed from the rest of his wealth, unlike our case.

Section: If he has two houses and can manage by living in one of them, the other shall be sold because he does not need to live in it. If his residence is large, such that one in his position would not typically live in such a [house], it shall be sold, a residence suitable for him shall be purchased, and the surplus shall be returned to the creditors, just like his clothes if they are luxurious, such that one in his position would not wear the like of them. If the residence and the servant, which he cannot do without, are the specific property of some of the creditors, or if all of his wealth consists of specific items of property for which he became insolvent due to their prices, and their owners find them, they have the right to take them, according to the conditions we have mentioned, due to the saying of the Prophet (peace and blessings of Allah be upon him): "Whoever finds his property specifically with a man who has become insolvent is more entitled to it." This is because his right has attached to the specific item, so it is a stronger claim than that of the insolvent person. Furthermore, insolvency regarding the price is a cause that entitles one to rescission, so the need of the buyer does not prevent him from it, just as it is before the taking of possession, and like a defect or an option. Also, preventing them from taking their specific property opens the door to stratagems, such as someone who has no wealth coming to purchase on credit clothes to wear, a house to live in, a servant to serve him, a horse to ride, and food for himself and his family, and then prohibiting their owners from taking them due to his need for them, whereby their property is lost while he becomes self-sufficient through it. Therefore, based on this,