Section

The entire estate is held only if there is reason to fear that the outstanding advance-payment obligation will exhaust it. If that obligation is small and his wealth substantial, only as much as is considered sufficient to meet it is held, and the remainder is divided among his heirs. An exception is Ashhab’s report from Mālik, according to which no part of the estate may be divided while the deceased owes a debt, even if it is small and matters proceed normally and turn out well.

Section

If he owes other debts, the purchaser under the advance-payment contract is allotted a proportionate share alongside the other creditors, based on the cash value of the goods during their season, estimated from their customary value—not their present value—with delivery to be made at the appointed time. This differs from Sahnūn’s position that the purchaser whose delivery is deferred shares proportionately according to the value of his goods as a deferred obligation, rather than their value as immediately due. This is an unlikely view.

Section

If the season arrives and the goods are more expensive than their assessed value, the purchaser has no further claim against the other creditors. If they are cheaper, the other creditors have no claim against him for the resulting surplus so long as his full entitlement has not been satisfied. Once he receives his full entitlement, he is given no more, and the remainder is returned to them.

Section

If we hold that an advance-payment sale of seasonal goods is permissible provided that delivery takes place during their season, then, should the season end before the purchaser has received all the goods due to him, Mālik and his companions, may Allah have mercy on them, have three positions on the matter. Two of these subdivide into four, making a total of five