they state that he is to be beaten until he makes his choice, because he has refused to perform an act obligatory upon him. He is to be beaten until he fulfils it, just as someone who refuses to repay a debt he owes is to be beaten until he repays it.

The Prophet—may Allah bless him and grant him peace—said in the hadith recorded in both Sahīh collections:

“Delay in payment by one who can afford to pay is injustice.”

An unjust person deserves punishment. The Sunan collections also report that the Prophet—may Allah bless him and grant him peace—said:

“Delay in payment by one who has the means permits speaking against him and punishing him.”

Here, “delay” means procrastination in payment, and “one who has the means” means someone able to pay. Thus, the Prophet—may Allah bless him and grant him peace—permitted speaking against someone who delays payment despite being able to pay.

The scholars have agreed that discretionary punishment is prescribed for every sin for which there is neither a prescribed fixed punishment nor an expiation. Sins consist either of neglecting something commanded or committing something forbidden. When punishment is imposed for neglecting an obligation—as in the case of this man and others who neglect their obligations—the offender is punished until he fulfils it.

For this reason, the scholars among the followers of Mālik, al-Shāfi'ī, Ahmad and others who discuss this issue state that he is to be beaten repeatedly until he pays. Some stipulate thirty-nine lashes on each occasion, while others set no specific number. This depends on whether discretionary punishment has a prescribed limit or not.

The judge may impose a discretionary punishment for his refusal as a penalty for his past conduct. He may also punish him until he personally makes the payment required of him. The judge is not obliged to undertake the sale of his property and repayment of the debt himself.