In comparing schools, Fath al-Qadir records a Shafiʿi position allowing the unpaid seller, subject to its conditions, to seek rescission and return of the identifiable goods when the buyer becomes insolvent.
Quduri states the Hanafi outcome here: after completed delivery, the unpaid price makes the seller a creditor alongside the others.
The point of disagreement is whether insolvency creates a special rescission remedy or leaves an ordinary price debt after delivery.
Opening interactive controls...
Difference of opinion on the seller’s remedy
Kitab al-Hajr: Creditors After Release and Final Rulings
In comparing schools, Fath al-Qadir records a Shafiʿi position allowing the unpaid seller, subject to its conditions, to seek rescission and return of the identifiable goods when the buyer becomes insolvent.
Quduri states the Hanafi outcome here: after completed delivery, the unpaid price makes the seller a creditor alongside the others.
The point of disagreement is whether insolvency creates a special rescission remedy or leaves an ordinary price debt after delivery.