For example, a person owes ten thousand but possesses only eight thousand, and then goes about making donations to people, giving to everyone he encounters. We would say: Such donations are not valid, even though he is an adult of sound mind and mature judgment, because the creditors’ rights have now become attached to this property.

The apparent meaning of the author’s words is that his disposition is valid even if it harms the creditors, though he is sinful; and this is the established position of the school.

Shaykh al-Islam, may Allah have mercy on him, held that a disposition made before legal interdiction, if it harms the creditors, is invalid and ineffective; but if it does not harm them, it is valid and effective. This view is more correct. The reasoning is that disposing of one’s property in a manner harmful to creditors is forbidden—even according to the established school—and that which Allah has forbidden cannot be given legal effect, for giving effect to what Allah has prohibited is opposition to Allah, exalted is He. The Prophet, peace and blessings be upon him, said: “Every condition not stipulated in the Book of Allah is invalid, even if there are a hundred such conditions.” (1)

For this reason, Imam Ahmad, may Allah have mercy on him, was asked whether a debtor may give charity. He replied: With something insignificant, such as a loaf of bread and the like; but whatever harms the creditors is not permissible. Nevertheless, we hold that he may not give charity even in a small amount so long as he owes more than the wealth he possesses, because small amounts, added to small amounts, become much. Thus, if we say that he may give one dirham in charity to this poor person, then another poor person comes and he gives another dirham, and so on, the small amounts become substantial. Preventing him is therefore more appropriate. Moreover, if we prevent him from giving charity and say, “You cannot give charity,” that will provide a stronger incentive for him to repay his debt, because a person may not be able to bear remaining unable to give charity.