Chapter: Cases in which the holders of trusts share with the ordinary creditors when the debtor is bankrupt

If a man dies while in his possession are deposits (wadāʾiʿ), qirāḍ capital, and merchandise, and he also owes people outstanding debts, but he has left no bequest about any of this and has mentioned none of it, and the existence of those trusts has nevertheless been proven without specifying which items they are, then both the holders of obligatory debts and the owners of those trusts—be they deposits, qirāḍ funds, merchandise, or other forms of trust property—divide proportionally whatever of his assets is found once their claims are established.

If, however, he stated in his will or before witnesses, “This is qirāḍ capital, this is a deposit,” or the like, and added, “This is my own property,” then everything he has named and specified remains exactly as he stated, for the person he named, and no one may dispute it. As for whatever he said, “This is my property,” it is to be distributed among his creditors; the qirāḍ partners and the other trust claimants do not join them in that—unless proof emerges that contradicts what he said.