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Text and translation
English translation
1262. Abū Hurairah narrated that the Messenger of Allāh ﷺ said: "Whichever person becomes bankrupt, and a man finds his particular merchandise with him, then he is more deserving of it than others." (Ṣaḥīḥ)
[He said:] There are narrations on this topic from Samurah and Ibn 'Umar.
[Abū 'Eisā said:] The Ḥadīth of Abū Hurairah is a Ḥasan Ṣaḥīḥ Ḥadīth. This is acted upon according to some of the people of knowledge and it is the view of Ash-Shāfi'i, Aḥmad, and Ishāq.
Some of the people of knowledge said that he is just like one of the debtors. This is the view of the people of Al-Kūfah.
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Commentary
According to this narration, if a person becomes bankrupt and he still has another person's merchandise with him, the owner of the goods can have his stock back because he is the real owner. Three A'immah, Mālik, Shāfi'i, and Aḥmad, and most of the scholars and people of knowledge among the Companions approve of this view.
