The preceding rule assumes delivery to the purchaser. Where goods remain with the seller because delivery never occurred, separate rules governing possession, withholding delivery and contractual remedies may apply.
A genuine trust, a transaction that never became a sale, or an independently established pledge also cannot simply be equated with an unpaid purchase-price debt.
Correct analysis begins by identifying the contract, whether delivery occurred and the legal nature of the claimant’s present interest.
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Undelivered goods are a different case
Kitab al-Hajr: Creditors After Release and Final Rulings
The preceding rule assumes delivery to the purchaser. Where goods remain with the seller because delivery never occurred, separate rules governing possession, withholding delivery and contractual remedies may apply.
A genuine trust, a transaction that never became a sale, or an independently established pledge also cannot simply be equated with an unpaid purchase-price debt.
Correct analysis begins by identifying the contract, whether delivery occurred and the legal nature of the claimant’s present interest.