a wealthy debtor, an insolvent debtor who is not penniless, and an insolvent debtor who is penniless.
The wealthy debtor is obliged to repay promptly; delaying repayment is unlawful and impermissible for him, because the Messenger of Allah, peace and blessings be upon him, said: “Delay in repayment by a wealthy person is injustice.”
As for the insolvent debtor who is not penniless—one for whom immediate repayment would cause hardship and harm—granting him respite until he becomes solvent and can repay without suffering harm is encouraged and recommended. The Messenger of Allah, peace and blessings be upon him, said: “Whoever grants respite to someone in hardship, Allah will shade him in His shade on the Day when there is no shade but His.” There are many reports concerning this. Delaying repayment is not forbidden for such a debtor, Allah willing, provided that he is striving to repay and is neither negligent nor remiss. The senior scholars of Córdoba, may Allah have mercy on them, used to rule that he should be granted respite, determining its duration through their judgment according to how much or how little property he possessed. They would not immediately appoint someone to sell his goods and real estate on his behalf. This is what the transmitted accounts indicate, contrary to the rulings of the other jurists of al-Andalus, who would appoint someone to sell his property and promptly satisfy his creditor’s claim.
As for the insolvent debtor who is penniless, granting him respite until he becomes solvent is obligatory, and a ruling to that effect is binding, because Allah, Mighty and Majestic, says:
“If there is someone in hardship, grant him respite until he becomes solvent.” [al-Baqarah: 280]
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A debtor is presumed solvent until his pennilessness becomes evident, whether or not he received anything in exchange for the debt whose repayment is being demanded. If he received something in exchange, property has come into his possession, so his claim to be penniless is not accepted until he establishes it. If he received nothing in exchange, people are known to earn a livelihood and seek wealth; he is therefore presumed to conform to what is known of people’s circumstances and the disposition Allah has given them. This is the position of Abū Ishāq and others. In my view, the difference of opinion concerning a man who goes away from his wife and is then sued by her for maintenance also applies in substance to this latter case.
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A debtor may be imprisoned only so long as his pennilessness has not become apparent and his poverty has not been established. The evidence for