It shall be taken. Nothing of it shall be left for him, because it is the specific property of the people, and they are more entitled to it than he, just as if it were in their hands, or if he had taken it from them by usurpation.

Section: If the insolvent person possesses a craft, by which he earns what suffices for his maintenance and the maintenance of those whose support is incumbent upon him, or if he is capable of earning that by hiring himself out, acting as an agent for someone, or earning from permissible means what suffices him, then nothing of his property shall be left for him. If he is not capable of any of what we have mentioned, an amount of his property that suffices him shall be left for him. Imam Ahmad, may Allah have mercy on him, said in the narration of Abu Dawood: "A provision for him to live upon shall be left for him, and if he has dependents, a subsistence level shall be left for him." He also said in the narration of al-Maymuni: "An amount sufficient for his livelihood shall be left for him, and the remainder shall be sold." This is in the case of an elderly man or people of standing who are unable to exert their bodies. It is appropriate that this be made from that to which no one's specific right has attached, because the one whose right has attached to a specific item has a stronger claim than others.

Section: If any of the insolvent person's property is destroyed while under the custody of a trustee, or if any of his property is sold and its price is deposited [with someone] and it is destroyed while with the depositary, it is the liability of the insolvent person. Al-Shafi'i held this view. Malik said: "Merchandise is from his property, while dirhams and dinars are from the property of the creditors." Al-Mughirah said: "Dinars are from the property of the owners of dinars, and dirhams are from the property of the owners of dirhams." Our view is that it is the property of the insolvent person, and its growth belongs to him; therefore, its destruction is [a loss] in his property, just like merchandise.

Section: When the insolvent person's property is gathered, it shall be divided among his creditors. If their debts are of the same currency type, they shall take them. If among them is someone whose debt is not of the currency type, such as a loan in non-monetary items, and he is content to take the substitute for his right in currency, it is permissible. If he refuses and demands the [specific] kind of his right, it shall be purchased for him with his share from the kind of his debt. If the creditor wishes to take from the gathered property, and the insolvent person says: "I will not pay you except from the kind of your debt," his statement is given precedence, because this is a matter of exchange, and it is not permissible except by their mutual agreement. If among them is one who has a debt from a Salam (forward sale) contract, it is not permissible for him to take anything except from the kind of his right, even if they agree to settle for a substitute, because it is not permissible to take a substitute for what is owed as a liability in a Salam contract, due to the saying of the Prophet (peace and blessings of Allah be upon him): "Whoever enters into a Salam contract for something, let him not exchange it."