it makes permissible speech regarding his honor by speaking harshly to him. The Prophet (peace and blessings of Allah be upon him) said: "The procrastination of a wealthy person is an injustice." He also said: "Indeed, the owner of a right has a statement."
808 - Issue: He said: (And if he dies, and it is revealed that he was insolvent, none of the creditors may take the physical asset of his wealth.)
This is the fifth condition for the entitlement to reclaim the physical asset of wealth from an insolvent person, which is that he be alive. If he dies, then the seller is on equal footing with the creditors, whether he knew of his insolvency before death—and thus placed him under interdiction and then he died—or if he died and his insolvency was revealed. This is the view of Malik and Ishaq. Al-Shafi'i said: He has the right to rescind the contract and reclaim the physical asset, based on what was narrated by Ibn Khalda al-Zuraqi, the judge of Medina, who said: We came to Abu Hurayrah regarding a companion of ours who had become insolvent, and Abu Hurayrah said: This is what the Messenger of Allah (peace and blessings of Allah be upon him) judged: "Any man who dies or becomes insolvent, the owner of the merchandise is more entitled to his merchandise if he finds it in its physical state." Narrated by Abu Dawud and Ibn Majah. They argued based on the general statement of the Prophet (peace and blessings of Allah be upon him):
(9) Omitted from: M. (10) Narrated by al-Bukhari, in: "Chapter: On transfer of debt (hawala) and whether one may return to the transfer", and "Chapter: If one transfers to a wealthy person, he has no right to refuse", from the Book of Transfers (Al-Hawalat), and in: "Chapter: The procrastination of a wealthy person is an injustice", from the Book of Borrowing (Al-Istiqrad), Sahih al-Bukhari 3/123, 155; Muslim, in: "Chapter: The prohibition of procrastination by the wealthy and the validity of transfer", from the Book of Sharecropping (Al-Musaqat), Sahih Muslim 3/1197; Abu Dawud, in: "Chapter: On procrastination", from the Book of Sales (Al-Buyu'), Sunan Abi Dawud 2/222; al-Tirmidhi, in: "Chapter: What has been related concerning the procrastination of the wealthy being an injustice", from the Book of Sales, Aridat al-Ahwadhi 6/44; al-Nasa'i, in: "Chapter: The procrastination of the wealthy" and "Chapter: Transfer of debt", from the Book of Sales, Al-Mujtaba 7/278, 279; Ibn Majah, in: "Chapter: Transfer of debt", from the Book of Charities, Sunan Ibn Majah 2/803; al-Darimi, in: "Chapter: On the procrastination of the wealthy being an injustice", from the Book of Sales, Sunan al-Darimi 2/261; Imam Malik, in: "Chapter: Compendium on debt and hawala", from the Book of Sales, Al-Muwatta 2/674; and Imam Ahmad, in: Al-Musnad 2/71, 245, 254, 260, 315, 377, 380, 463-465. (11) Narrated by al-Bukhari, in: "Chapter: Agency in paying off debts", from the Book of Agency, and in: "Chapter: Borrowing camels", and "Chapter: For the owner of the right there is a statement", from the Book of Borrowing, Sahih al-Bukhari 3/130, 153, 155; Muslim, in: "Chapter: One who borrows something and pays back better than it", from the Book of Sharecropping, Sahih Muslim 3/1225; and Imam Ahmad, in: Al-Musnad 6/268. (1) Narrated by Abu Dawud, in: "Chapter: On the man who becomes insolvent and finds his goods in their physical state with him", from the Book of Sales 2/257; and Ibn Majah, in: "Chapter: One who finds his merchandise in its physical state with a man who has become insolvent", from the Book of Judgments (Al-Ahkam), Sunan Ibn Majah 2/790.
