One who goes bankrupt and is forced to sell what he owns: is his sale valid?
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The questioner : May Allah reward you, ... so they compelled him to sell and he sold it under duress ... .
The Shaykh : This depends on the fact that if a person finds his specific property in the possession of a bankrupt man, he has the strongest right to it. For example, if I sold a camel or a car to someone and then he went bankrupt, I take my car. However, if they had restricted access to it, it would have been in the interest of everyone. Yes. This is an error. Yes?
The questioner : ... .
The Shaykh : If necessity calls for it and we know that this man only refused as an objection to the public interest, then it is taken from him. He is compelled, it is taken from him, and it is said, "This is your price." Yes?
The Shaykh : This depends on the fact that if a person finds his specific property in the possession of a bankrupt man, he has the strongest right to it. For example, if I sold a camel or a car to someone and then he went bankrupt, I take my car. However, if they had restricted access to it, it would have been in the interest of everyone. Yes. This is an error. Yes?
The questioner : ... .
The Shaykh : If necessity calls for it and we know that this man only refused as an objection to the public interest, then it is taken from him. He is compelled, it is taken from him, and it is said, "This is your price." Yes?