permitting his imprisonment in these circumstances is the statement of Allah Most High:

“Among the People of the Book are those who, if entrusted with a great sum, will return it to you; and among them are those who, if entrusted with a single dinar, will not return it to you unless you constantly stand over them.” [Āl ʿImrān: 75]

Since it is permissible to remain constantly with him and restrict his freedom of action, it is permissible to imprison him. There is no disagreement on this among the jurists of the various regions.

Section

There are three forms of imprisonment for debt:

The first is detention for observation and investigation when the debtor’s circumstances are unknown.

The second is the imprisonment of someone who obstinately refuses repayment and is suspected of having concealed his wealth and put it out of sight.

The third is the imprisonment of someone who has taken other people’s money, held on to it, and claimed to be penniless, but whose claim has proved false, since no event is known to have occurred that would have depleted the money of others that came into his possession.

As for detention for observation and investigation when the debtor’s circumstances are unknown, its duration is whatever is needed to ascertain his circumstances and investigate his situation. According to what Ibn Habīb reported from Ibn al-Mājishūn, this varies with the amount of the debt: for a few dirhams, he is imprisoned for about half a month; for a large sum, four months; and for an intermediate sum, two months. The reasoning is that he is imprisoned to investigate his circumstances, so the duration must be proportionate to the claim for which he is imprisoned.

As for someone who obstinately refuses repayment and is suspected of having concealed wealth and put it out of sight, he is imprisoned until he pays or establishes that he is penniless, whereupon he swears an oath and is released.

As for someone who has taken other people’s money, held on to it, and claimed to be penniless, but whose claim has proved false, he is imprisoned indefinitely until he repays people their money or dies in prison. It is reported from Sahnūn that he is to be beaten with a whip repeatedly until he repays people their money. This statement of his does not contradict the position of Mālik, may Allah have mercy on him, for Mālik said that the ruler may beat a litigant for obstinate resistance. What obstinate resistance could be clearer than this? Thus, ruling in accordance with what is reported from Sahnūn in the case of such people who