hardship, or if someone in hardship is present. The verse therefore applies generally to anyone unable to repay a debt, whatever that debt may be. It has been related from Ibn ‘Abbās and a group of Quran commentators that the verse was revealed concerning usury. Shurayh adopted this view and said that an insolvent debtor is to be imprisoned for debt, because Allah has commanded that trusts be discharged, whereas the verse granting an insolvent debtor respite until he becomes solvent was revealed only concerning usury. Shurayh and those who shared his position said this merely because the verse follows the discussion of usury, so they assumed that it concerned usury. This is incorrect for two reasons. First, Allah has annulled and abolished usury, so how could respite be granted for its payment? Second, the reading is, “If there is someone in hardship,” with dhū in the nominative. This establishes that the verse does not specifically mean the person owing usury. Had it meant that person, as Shurayh maintained, the wording would have been dhā ‘usrah, in the accusative: “If the person owing usury is in hardship.” This is also the wording in the reading of Ubayy ibn Ka‘b.
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Had those who said that the verse is connected to usury instead said that it is connected to the principal of the usurious loan, that would have been a permissible interpretation according to this reading. All other debts would then necessarily be treated by analogy with that principal, since there is no distinction between the principal of a usurious loan and other debts. Our argument thus establishes the soundness of Mālik’s position: a demand for repayment is binding only when the debtor is able to pay. Once his insolvency is established, there are no grounds either to demand repayment or to imprison him for the debt, because the obligation to repay is suspended until he becomes solvent.
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This concerns an insolvent debtor who is penniless. Not every insolvent person is penniless, whereas every penniless person is insolvent; insolvency is therefore broader than pennilessness. Accordingly, debtors fall into three categories: