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Yahya related to me from Malik from Ibn Shihab from Abu Bakr ibn
Abd ar-Rahman ibn al-Harith ibn Hisham that the Messenger of Allah,
may Allah bless him and grant him peace, said, "Whenever a man sells
wares and then the buyer becomes bankrupt and the seller has not taken
any of the price and he finds some of his property intact with the
buyer, he is more entitled to it than anyone else. If the buyer dies,
then the seller is the same as other creditors with respect to it."
Muwatta Malik Book 31, Hadith 88
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Malik said there was no harm if a man who sold some drapery and
excluded some garments by their markings, stipulated that he chose the
marked ones from that. If he did not stipulate that he would choose
from them when he made the exclusion, I think that he is partner in
the number of drapery goods which were purchased from him. That is
because two garments can be alike in marking and be greatly different
in price.
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Malik related to me from Yahya ibn Said from Abu Bakr ibn
Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn
Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the
Messenger of Allah, may Allah bless him and grant him peace, said, "If
anyone goes bankrupt, and a man finds his own property intact with
him, he is more entitled to it than anyone else."