What do the esteemed scholars and jurists say regarding the following matter that a person had a debt of approximately 21,000 rupees upon me, for which a due date was mutually agreed upon. However, due to my failure to repay the debt on the agreed date, that individual came to my house in my absence and took away two of my goats from my wife. He said that these two goats would be considered as payment worth 8,000 rupees from the total debt of 21,000 rupees, and he would recover the remaining amount in cash.
However, the actual market value of those two goats was around 18,000 rupees. When I came to know of this, I sent a person along with witnesses to inform him to return my goats and that I would pay his money in cash because the goats are my property, and my wife has no ownership or right over them. I also personally informed the said person over the phone, but he still refuses to return the goats.
Even after that, I sent 18,000 rupees through his brother to settle the matter, but he refused to accept it.
Now my question is that is it permissible for that person to take possession of my goats in this manner, especially when I am ready to repay the debt in cash?
What do the esteemed scholars and jurists say regarding the following matter that a person had a debt of approximately 21,000 rupees upon me, for which a due date was mutually agreed upon. However, due to my failure to repay the debt on the agreed date, that individual came to my house in my absence and took away two of my goats from my wife. He said that these two goats would be considered as payment worth 8,000 rupees from the total debt of 21,000 rupees, and he would recover the remaining amount in cash.
However, the actual market value of those two goats was around 18,000 rupees. When I came to know of this, I sent a person along with witnesses to inform him to return my goats and that I would pay his money in cash because the goats are my property, and my wife has no ownership or right over them. I also personally informed the said person over the phone, but he still refuses to return the goats.
Even after that, I sent 18,000 rupees through his brother to settle the matter, but he refused to accept it.
Now my question is that is it permissible for that person to take possession of my goats in this manner, especially when I am ready to repay the debt in cash?
کمافی تکملۃ فتح الملھم: وتفصیل المسئلۃ علیٰ ماذکرہ ابن قدامۃ فی المغنی،ان من ظفر بشیئ من مال المدیون،فانہ لایخلو من احوال ان کان المدیون مقراً بالدین باذلالہ،لم یکن للظافر ان یاخذ فیما ظفر بہ،الا مایعطیہ المدیون برضاہ اھ(2/578)۔