injustice.” Al-Bukhari and Muslim narrated it in their Sahih collections (1). Layy means delaying payment.
A wrongdoer deserves punishment and disciplinary action. It is an agreed-upon principle that anyone who commits a prohibited act or neglects an obligation deserves punishment. If the punishment has not been prescribed by Islamic law, it is left to the discretion of the governing authority. Thus, a wealthy debtor who delays payment (2) is punished with imprisonment; if he persists, he is punished by beating until he fulfils his obligation. This was expressly stated by jurists from among the followers of Mālik, al-Shāfi‘i, Ahmad, and others, and I know of no disagreement concerning it (3).
Al-Bukhari narrated in his Sahih (4), from Ibn Umar (may Allah be pleased with him and his father), that the Prophet (may Allah’s peace and blessings be upon him)
(1) Narrated by al-Bukhārī (2287) and Muslim (1564), from Abū Hurayra (may Allah be pleased with him).
(2) (ي) reads: *al-mumātil* (“the debtor who delays payment”).
(3) See *Majmū al-Fatāwā* (30/38, 23; 35/402). The words *Mālik wa-* (“Mālik and”) are absent from (ف).
(4) After hadith no. 2730, al-Bukhārī cited only its chain of transmission, without its text, and said: “He abridged it.” Al-Humaydī, however, attributed the full version to al-Bukhārī in *al-Jam bayn al-Sahīhayn* (1/121). The author likewise attributed it to the *Sahīh* in *al-Fatāwā* (35/407). Shaykh al-Islām relied extensively on al-Humaydī’s work; indeed, it was among the first books he memorized. It is therefore likely that he relied on it for this attribution.
Al-Hāfiz Ibn Hajar noted al-Humaydī’s handling of this hadith in *al-Fath* (5/387), saying: “Note: Al-Humaydī attributed the very lengthy narration of Hammād ibn Salama to al-Bukhārī. It appears that, as was his custom, he copied its full wording from the *Mustakhraj* of al-Barqānī but neglected to attribute it to him. Al-Ismā‘īlī pointed out that Hammād would sometimes narrate it at length and at other times in abridged form.”
The hadith was also narrated by Abū Dāwūd (3006), Ibn Hibbān in *al-Ihsān* (5199), al-Bayhaqī (9/137), and Ibn al-Mundhir in *al-Awsat* (11/362), through Hammād ibn Salama, who said: “Ubayd Allah ibn Umar narrated to us—as Abū Salama believed—from Nāfi, from Ibn Umar,” with the same report. Ibn Hibbān authenticated it, and al-Hāfiz said: “Its narrators are trustworthy.” See *al-Fath* (7/548).