who holds a deposit, capital entrusted to him under a profit-sharing arrangement, partnership funds, his principal’s money, an orphan’s property, endowment funds, or money belonging to the public treasury, or who owes a debt that he can repay—is liable to punishment if he refuses to fulfil the obligation, whether by returning specific property or repaying a debt, and is known to be able to do so. He may be punished until he produces the property or discloses its whereabouts. If the property’s whereabouts are known and he endures imprisonment, what is due is recovered from that property, and there is no need to beat him. If he refuses both to disclose his property’s whereabouts and to pay, he is beaten until he pays what is due or allows it to be recovered. The same applies if he refuses to provide the maintenance obligatory upon him despite being able to afford it.
This is supported by the report of ‘Amr ibn al-Sharīd, from his father, that the Prophet, peace and blessings be upon him, said:
“Delay by one who has the means to pay makes it lawful to censure and punish him.”
This was narrated by the compilers of the Sunan. He also said, peace and blessings be upon him:
“Delay in payment by one who can afford it is wrongdoing.”
Al-Bukhārī and Muslim both recorded this in their Sahīhs. “Delay” here means procrastination, and a wrongdoer deserves punishment and discretionary discipline.
This is an agreed-upon principle: anyone who commits a prohibited act or neglects an obligation deserves punishment. If the punishment is not fixed by Islamic law, it is discretionary, determined by the ruler’s judgment. Thus, a debtor who can afford to pay but procrastinates is punished with imprisonment. If he persists, he is punished by beating until he fulfils his obligation. Jurists among the followers of Mālik, al-Shāfi‘ī, Ahmad, and others—may Allah be pleased with them—have explicitly stated this, and I know of no disagreement concerning it.
Al-Bukhārī also narrated in his Sahīh: “Ibn ‘Umar, may Allah be pleased with them both, reported that