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كتاب البيوع

Chapter 24: Insolvency and Respite - Section 1

He told of hearing God’s Messenger say, “He who grants a respite to one who is in straitened circumstances or who remits his debt will be saved by God from the anxieties of the day of resurrection.” Muslim transmitted it.

Abul Yasar told of hearing God’s Messenger say, “He who grants a respite to one who is in straitened circumstances or remits his debt will be taken by God under His protection.” Muslim transmitted it.

Abu Rafi‘said

God’s Messenger borrowed a young camel, and when the camels of the sadaqa came to him he ordered me to pay the man his young camel. When I told him that I could find only an excellent camel in its seventh year he said, “Give it to him, for the best person is he who discharges his debt in the best manner." Muslim transmitted it.

Abu Huraira told that a man demanded payment of a debt from God's Messenger in a most uncivil manner and his companions were vexed, but he said, “Leave him alone, for one who has a right is entitled to speak, and buy him a camel and give it to him." When they told him that all they could find was one of a more excellent age than the man was entitled to, he said, “Buy it and give him it, for the best person among you is he who discharges his debt in the best manner." (Bukhari and Muslim.)

He reported God's Messenger as saying, “Delay in payment by a rich man is injustice, but when one of you is referred for payment to a wealthy* man he should accept the reference." (Bukhari and Muslim.)*Mali'. This word is used of a wealthy man, and also of one who cannot be called wealthy but who is careful to pay his debts.

Ka'b b. Malik said that in the time of God’s Messenger he made demand in the mosque for payment of a debt due to him from Ibn Abu Hadrad and their voices rose till God’s Messenger, who was in his house, heard them. He went out to them and removing the curtain of his chamber called to Ka'b b. Malik addressing him by name. He replied, “At your service, Messenger of God", whereupon he made a gesture with his hand indicating that he should remit half the debt due to him, and when Ka'b expressed his willingness he told the other to get up and discharge his debt. (Bukhari and Muslim.)

Salama b. al-Akwa' said

While we were sitting with the Prophet a bier was brought along and the Prophet was asked to pray over it. He asked whether the dead man owed anything and when he was told that he did not he prayed over it. Another bier was brought along later, and when he asked whether the dead man owed anything and was told that he did, he asked whether he had left anything. On being told that he had left three dinars he prayed over the bier. A third was brought along later, and when he asked whether the dead man owed anything and was told that he owed three dinars, he asked whether he had left anything. On being told that he had not, he ordered them to pray over their friend; but when Abu Qatada said, “Pray over him, Messenger of God, and I shall be responsible for his debt,” he prayed over him. Bukhari transmitted it.

Abu Huraira reported the Prophet as saying, “If anyone accepts other people’s belongings meaning to pay back, God will pay back for him; but if anyone accepts them meaning to squander them, God will on that account destroy his property.” Bukhari transmitted it.

Abu Qatada told of a man saying, “Tell me, Messenger of God, if I am killed in God’s path showing endurance, seeking my reward from God, advancing and not retreating, will God efface my sins?” He replied, “Yes,” but when the man turned away he called him and said, “Yes, with the exception of a debt. Thus Gabriel said.” Muslim transmitted it.

‘Abdallah b. ‘Amr reported God’s Messenger as saying, “Every fault but a debt will be forgiven to a martyr.” Muslim transmitted it.

Abu Huraira said that

A man who had died in debt would be brought to God’s Messenger and he would ask whether he had left any-thing to discharge his debt. If he was told ^that he had left enough he would pray, otherwise he would tell the Muslims to pray over their friend. But when God wrought the conquests at his hands he stood up and said, “I am closer to the believers than their own selves (Al-Qur’an 33:6), so if any of the believers dies leaving a debt I shall be responsible for paying it, and if anyone leaves property it goes to his heirs.” (Bukhari and Muslim.)

Chapter 25: Insolvency and Respite - Section 2

Abu Khalda az-Zuraqi said

We went to Abu Huraira regarding a friend of ours who was insolvent and he said, “This is what God’s Messenger decided about him. If any one dies or is insolvent, the owner of the goods has most right to them if he finds his actual goods.” Shafi'i and Ibn Majah transmitted it.

Abu Huraira reported God’s Messenger as saying, “A believer’s soul is attached to his debt till it is paid.”Shafi‘i, Ahmad, Tirmidhi, Ibn Majah and Darimi transmitted it.

Al-Bara’ b. ‘Azib reported God's Messenger as saying, "A debtor is bound to his debt and will complain to his Lord of loneliness on the day of resurrection.” It is transmitted in Sharh as-sunna. A mursal tradition is transmitted to the effect that Mu'adh was in debt and his creditors went to the Prophet who sold all his property to pay his debt, with the result that Mu'adh had nothing left. This is the wording in al-Masabih, but the only source in which I have found it is al-Muntaqa.

‘Abd ar-Rahman b. Ka’b b. Malik said that Mu'adh b. Jabal was a generous young man who could save nothing and was always borrowing, so that he expended all his property on his debts. He went to the Prophet and asked him to speak to his creditors, and if they would have remitted debts to anyone they would have done it to Mu'adh for God’s Messenger’s sake, but God’s Messenger sold them his property with the result that Mu'adh had nothing left. Sa'id transmitted it in his Sunan in mursal form.

Ash-Sharid reported God’s Messenger as saying, ‘‘Delay in payment on the part of one who possesses the means makes it lawful to dishonour and punish him.” Ibn al-Mubarak said that “dishonour” means he may be spoken to roughly and “punish” means he may be imprisoned for it. Abu Dawud and Nasa’i transmitted it.

Abu Sa'id al-Khudrl said that a corpse was brought to the Prophet on a bier for him to pray over it and he asked the people whether their friend owed anything. On being told that he did, he asked whether he had left anything to discharge it, and when they replied that he had not, he told them to pray over him. But ‘Ali b. Abu Talib said, “I shall be responsible for his debt, Messenger of God,” so he went forward and prayed over him. A version has something to the same effect, adding that he said, “May God redeem your pledges from hell as you have redeemed the pledges of your brother Muslim! No Muslim will discharge his brother’s debt without God redeeming his pledges on the day of resurrection.” It is transmitted in Sharh as- sunna.

Thauban reported God’s Messenger as saying, “If anyone dies free from pride, unfaithfulness regarding spoil, and debt, he will enter paradise.” Tirmidhi, Ibn Majah and Darimi transmitted it.

Abu Musa reported the Prophet as saying, “The greatest sin in God's sight, after the serious sins which God has prohibited, which a man can bring into His presence is that he should die in debt without leaving enough to discharge it.” Ahmad and Abu Dawud transmitted it.

‘Amr b. ‘Auf al-Muzani reported the Prophet as saying, “Reconciliation is allowable between Muslims except such as makes unlawful something which is lawful, or makes lawful something which is unlawful ; and Muslims must keep to the conditions they have made, except for a condition which makes unlawful something which is lawful, or makes lawful something which is unlawful.” Tirmidhi, Ibn Majah and Abu Dawud transmitted it, but Abu Dawud's transmission ended at “the conditions they have made.”