The Book of ḥajr (Interdiction)

Introduction

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The Book of ḥajr

1 It is the prevention of an owner from disposing of his property, and it is of two kinds:

First: interdiction for the sake of others’ rights, such as the interdiction imposed on an insolvent debtor, a mortgager, a sick person, a slave, a mukātab (a slave under a manumission contract), an apostate, and a buyer after the pre-emptor has claimed his right.

Second: interdiction for a person’s own benefit2, as in the case of a minor, a madman, or a spendthrift.

A debtor is neither pressed for payment nor placed under interdiction for a debt that has not yet fallen due; however, if he plans a long journey, his creditor may prevent him until he secures the debt with a pledge that can be safely kept or with a solvent guarantor. A deferred debt does not fall due on account of the debtor’s insanity or death, provided his heirs furnish such security.

A solvent debtor is obliged to settle a due debt immediately when his creditor demands it. If he procrastinates until the creditor lodges a complaint, the judge must order him to pay; should he refuse, he is to be imprisoned and not released until his situation becomes clear. If he is3 insolvent, he must4 be set free, and it is unlawful to demand payment from him or to place him under interdiction so long as he remains destitute.

Should the creditors of someone whose assets do not cover his debts ask the judge to place him under interdiction, the judge is required to do so.