Chapter on Legal Interdiction

He—may Allah have mercy on him—was asked:

A man is being harshly pressed for a debt by someone who wishes to have him imprisoned, although he is insolvent. Is his assertion of insolvency accepted, or must he produce evidence of it?

He replied:

If he incurred the debt without receiving anything in exchange, as in the case of a guarantee, and he was not previously known to possess any wealth, his assertion of insolvency is accepted upon his oath. And Allah knows best.

The shaykh—may Allah have mercy on him—was asked:

A Muslim man purchased real estate from a non-Muslim under Muslim protection, then threw himself on his mercy and purchased two shares from him. He undertook, under a legally binding oath, to pay within one month. Is anyone obliged to teach him a stratagem when he is able to pay?

He replied:

Praise be to Allah. If the debtor is able to pay, no one may compel the creditor to cease demanding payment, nor ask him to resort to a device that has no real substance