Taking the car that the debtor bought with a loan after his bankruptcy
Machine translationRead the Arabic original
The questioner:
With Allah’s blessing, we begin this episode with this question sent by the brother Abu Khalid from Riyadh. He says: If I lent a person a sum of money, and then Allah caused him to become bankrupt, and I learned that he had bought a car with the loan, do I have the right to take the car and deduct it from my share? May Allah bless you.
The Shaykh:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions. It is not permissible for you to take the car, because it is his property, unless he consents to it and hands it over to you in exchange for your money. It is necessary that... if you had lent him a car or sold it to him, if you had sold the car to him for a known price and then he became bankrupt and was unable to pay, and you found a specific car in his possession, then you may take it, because this is called the issue of seizing (al-dhufar). Yes.
The questioner:
May Allah reward you. He means, I take the car by applying the well-known principle that the substitute has the wisdom of the payment?
The Shaykh:
No, it is the property of the buyer, and he did not take a car from you, he took dirhams from you. What is obligatory for you to claim from him is the dirhams, so you give him respite until he is able to pay. Allah the Exalted and Majestic said:[Al-Baqarah 2:280]. Yes.
The presenter:
May Allah reward you,
With Allah’s blessing, we begin this episode with this question sent by the brother Abu Khalid from Riyadh. He says: If I lent a person a sum of money, and then Allah caused him to become bankrupt, and I learned that he had bought a car with the loan, do I have the right to take the car and deduct it from my share? May Allah bless you.
The Shaykh:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions. It is not permissible for you to take the car, because it is his property, unless he consents to it and hands it over to you in exchange for your money. It is necessary that... if you had lent him a car or sold it to him, if you had sold the car to him for a known price and then he became bankrupt and was unable to pay, and you found a specific car in his possession, then you may take it, because this is called the issue of seizing (al-dhufar). Yes.
The questioner:
May Allah reward you. He means, I take the car by applying the well-known principle that the substitute has the wisdom of the payment?
The Shaykh:
No, it is the property of the buyer, and he did not take a car from you, he took dirhams from you. What is obligatory for you to claim from him is the dirhams, so you give him respite until he is able to pay. Allah the Exalted and Majestic said:
And if someone is in hardship, then [let there be] postponement until [a time of] ease.
وَإِن كَانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَىٰ مَيْسَرَةٍThe presenter:
May Allah reward you,
Source
نور على الدرب - الفوزان - 03/269 — archive.org (0:54)
The Arabic text is a machine transcription of the audio recording.