A man from whom I bought a car, but the buyer did not take it, and then the judge placed a restriction on him; does the car belong to the creditors?
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Question:
He says: Honorable Shaykh, may Allah grant you success. A man from whom I bought a car, but I did not take it from him. After that, the judge placed a restriction on him. So, does the car belong to me, or does it belong to the creditors?
Answer:
After the restriction is placed, you take it. As for the reverse, which is that you bought a car from him, it is not permissible for you to take it after the restriction is placed on him. However, it remains in his liability; the contract remains in his liability. You demand the car from him, or its value, after the restriction is lifted from him. He provides you with a car after the restriction is lifted.
He says: Honorable Shaykh, may Allah grant you success. A man from whom I bought a car, but I did not take it from him. After that, the judge placed a restriction on him. So, does the car belong to me, or does it belong to the creditors?
Answer:
After the restriction is placed, you take it. As for the reverse, which is that you bought a car from him, it is not permissible for you to take it after the restriction is placed on him. However, it remains in his liability; the contract remains in his liability. You demand the car from him, or its value, after the restriction is lifted from him. He provides you with a car after the restriction is lifted.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1363 -2802] رجلٌ اشتريتُ منه سيارة ولم يأخذها المشتري، ثم حجر عليه الحاكم، هل تكون السيارة للغرماء؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.
