A study and different view on the inseparable accretions of the sold object in the issue of the option for insolvency

فقه و اصول (Fiqh va uṣūl)

Articles in Press, Accepted Manuscript, Available Online from 11 June 2024   

Document Type: Original Article

DOI: 10.22067/jfiqh.2024.87798.1773

Authors

Mohammad hasan Haeri^* ; Khadijeh Ahmadnejad

Islamic jurisprudence and fundamentals of law, theology, Ferdowsi, Mashhad, Iran.

Abstract

Option for insolvency is one of the important and significant issues and therefore it has been considered by jurists. Jurists generally agree that the separable accretions of the sold object belong to the insolvent; however, they do not have the same opinion on the inseparable accretions. There are four views about this issue, which are: the inseparable accretions are absolutely subject to the object, the inseparable accretions belong to the insolvent, it is not permissible to take back the sold )Invalidity of the option for insolvency(, and this issue depends on the quantity. In this study, conducted by using a descriptive-analytical method, the authors has come to the conclusion that the evidences of the view of the majority of jurists (the inseparable accretions are absolutely subject to the object) do not seem to be defensible, and the arguments of the other opinion (Invalidity of the option for insolvency), accepted by Al-Shahīd al-Awwal and Allāma al-Ḥillī in Tadhkirah, are defensible due to the reasons stated in the study.

Keywords

Option for insolvency; The same object belonging to a creditor; Creditors; Insolvent; Inseparable accretions; Separable accretions

References