Abu Hurairah (may Allah be pleased with him) narrated that the Prophet (ﷺ) said: “If a man sells a commodity and finds his commodity as it is with a person who has become bankrupt, and he has not received any of its price, then it belongs to him. But if he has received any part of its price, he is equal to the other creditors.” [Narrated by Ad-Daraqutni and Ibn Majah]

In its chain is Ibn ‘Ayyash, whom Ahmad deemed reliable, but it is mursal, and according to us, a mursal is a proof. At-Tahawi narrated something similar, and ‘Abdur-Razzaq narrated it as a connected narration.

(1) The statement: “Equal to the creditors”: For this reason, it is said in the completion of Bahr Ar-Ra’iq: This means that if someone buys goods and becomes bankrupt while the goods are still in his possession, the seller of the goods is equal to the creditors in it. The intent is after the buyer takes possession of the goods with the seller’s permission. If it is before possession, the seller may withhold the goods until he receives the price. Likewise, if the buyer takes possession without the seller’s permission, the seller may reclaim and withhold it for the price. It is stated in Umdat Al-Qari: Ibrahim An-Nakha‘i, Al-Hasan Al-Basri, Ash-Sha‘bi in one narration, Waki‘ ibn Al-Jarrah, ‘Abdullah ibn Shubrumah, the judge of Kufa, Abu Hanifah, Abu Yusuf, Muhammad, and Zufar held that the seller of the commodity is equal to the creditors. It is authentically reported from ‘Umar ibn ‘Abdul-‘Aziz that if someone receives part of the price of his commodity and then the buyer becomes bankrupt, he is equal to the creditors. This is also the view of Az-Zuhri, and a similar view is narrated from ‘Ali ibn Abi Talib (may Allah be pleased with him). Ash-Shafi‘i, Malik, and Ahmad argued with what Bukhari and Muslim narrated from Abu Hurairah, who said: “If a man becomes bankrupt and someone finds his property as it is, he has more right to it than others.” They followed the apparent meaning of this hadith, stating that if a man becomes bankrupt and possesses goods he purchased, which remain as they are, the owner has more right to them than other creditors. At-Tahawi responded to this hadith, saying that it refers to someone finding his property as it is, but the sold item is not his actual property; it is only property that was his. His actual property refers to usurped items, borrowed items, deposits, and the like. That is his property as it is, so he has more right to it than other creditors. This hadith from the Messenger of Allah (ﷺ) supports this, as does what is narrated from the Messenger of Allah (ﷺ) in the hadith of Samurah, where he said: The Messenger of Allah (ﷺ) said: “If someone’s property is stolen or lost and he finds it as it is with someone, he has more right to it, and the buyer may seek the price from the seller.”

Al-Tabarani also narrated it, clarifying that the hadith of Abu Hurairah refers to deposits, borrowed items, usurped items, and the like. The owner of the property has more right to it if he finds it as it is in someone’s possession, and the creditors have no share in it because it remains in his ownership. The hand of the usurper is one of transgression and injustice, as is the thief’s, unlike when it is sold and delivered to the buyer, as it then leaves the seller’s ownership, even if the price is not received. The seller here is no longer the owner of the property, as it has left his ownership, and the characteristic has changed as the essence has changed. Thus, the sold item is no longer his property, though it was his property initially.

If there is a loss in someone's business, one should help them financially.

Abu Sa‘id (may Allah be pleased with him) narrated: A man during the time of the Messenger of Allah (ﷺ) suffered a loss in fruits he had purchased, and his debts increased. The Messenger of Allah (ﷺ) said: “Give charity to him.” So people gave charity to him, but it did not suffice to pay off his debt. The Messenger of Allah (ﷺ) said to his creditors: “Take what you find, and you have nothing beyond that.” [Narrated by Muslim]

(1) The statement: “From Abu Sa‘id”: This hadith was mentioned recently in the chapter on prohibited sales.

(2) The statement: “In fruits he purchased”: This indicates that if the fruits are damaged, the buyer is responsible for them. This was discussed in detail in the chapter on prohibited sales, so refer to it.

(3) The statement: “And you have nothing beyond that”: Meaning, you take what you find, and the implication is that you have nothing beyond taking what you find and deferring the remaining debt until a time of ease. It does not mean that you take only what you find, and the remaining debt is void, due to the saying of Allah, the Exalted: And if someone is in hardship, then [let there be] postponement until [a time of] ease (Al-Baqarah: 280). This was stated in Al-Marqah.

‘Abdur-Rahman ibn Ka‘b ibn Malik (may Allah be pleased with him) narrated: Mu‘adh ibn Jabal (may Allah be pleased with him) was a generous young man who did not hold onto anything. He continued borrowing until all his wealth was consumed by debt. He came to the Prophet (ﷺ), who spoke to his creditors on his behalf. If they would have waived the debt for anyone, they would have done so for Mu‘adh because of the Messenger of Allah (ﷺ). The Messenger of Allah (ﷺ) sold his property for them until Mu‘adh was left with nothing. [Narrated by Sa‘id in his Sunan as mursal]

It is also narrated that Mu‘adh was in debt, and his creditors came to the Prophet (ﷺ). The Prophet (ﷺ) sold all his property to cover his debt until Mu‘adh was left with nothing. This is a mursal narration, and this is the wording of Al-Masabih, and it was not found in the original sources except in Al-Muntaqa.

In the narration of Abu Dawud and An-Nasa’i: The Prophet (ﷺ) said: “The delay of a wealthy person makes his honor and punishment permissible.” Ibn Al-Mubarak said: “Makes his honor permissible” means he is reproached severely, and “his punishment” means he is imprisoned.

In the narration of Ad-Daraqutni and Ibn ‘Adi: The Prophet (ﷺ) said: “The one with a right has authority and speech.”

(1) The statement: “The Prophet (ﷺ) sold all his property”: This means that if the creditors of a bankrupt person request restriction, the judge restricts him, sells his property if he refuses to sell it, distributes his property among the creditors, and prevents him from transactions that harm the creditors, such as acknowledgment or selling at less than its value. It is narrated in this hadith that Mu‘adh was overwhelmed by debt, so the Messenger of Allah (ﷺ) sold his property and distributed the proceeds among his creditors proportionally. This restriction is in consideration of the creditors to prevent harm through acknowledgment. This is the view of Abu Hanifah’s two companions. Abu Hanifah said: He is not restricted due to debt, even if the creditors request it, because restriction diminishes his legal capacity and equates him to animals, which is significant harm and thus not permissible. However, if the creditors of a debtor request his imprisonment, the judge imprisons him to compel him to sell his property to pay his debt, as paying the debt is obligatory, and delaying is injustice. The ruler imprisons him to prevent his injustice and ensure the right reaches its owner, not to coerce him into selling, as the purpose of imprisonment is to compel payment of the debt by any means. This is derived from the completion of Bahr Ar-Ra’iq.

(2) The statement: “The delay of a wealthy person makes his honor and punishment permissible”: This hadith is used as evidence for the permissibility of imprisoning someone with a debt until he pays it, if he is capable, as a disciplinary measure and to be strict with him, but not if he is incapable, as indicated by “wealthy.” This implies that the honor and punishment of an insolvent person are not permissible. The Hanafis and Zaid ibn ‘Ali permitted imprisonment for the wealthy. The majority said the ruler sells on his behalf, as indicated by the hadith of Mu‘adh. As for the non-wealthy, the majority said he is not imprisoned, but Abu Hanifah said the creditor may pursue him, based on the statement: “The one with a right has authority and speech,” meaning authority refers to pursuit and speech to demanding. This is derived from Nail Al-Awtar and Al-Hidayah.

‘Abdur-Rahman ibn Ka‘b ibn Malik (may Allah be pleased with him) narrated: Mu‘adh ibn Jabal (may Allah be pleased with him) was a generous young man who did not hold onto anything. He continued borrowing until all his wealth was consumed by debt. He came to the Prophet (ﷺ), who spoke to his creditors on his behalf. If they would have waived the debt for anyone, they would have done so for Mu‘adh because of the Messenger of Allah (ﷺ). The Messenger of Allah (ﷺ) sold his property for them until Mu‘adh was left with nothing. [Narrated by Sa‘id in his Sunan as mursal]

It is also narrated that Mu‘adh was in debt, and his creditors came to the Prophet (ﷺ). The Prophet (ﷺ) sold all his property to cover his debt until Mu‘adh was left with nothing. This is a mursal narration, and this is the wording of Al-Masabih, and it was not found in the original sources except in Al-Muntaqa.

In the narration of Abu Dawud and An-Nasa’i: The Prophet (ﷺ) said: “The delay of a wealthy person makes his honor and punishment permissible.” Ibn Al-Mubarak said: “Makes his honor permissible” means he is reproached severely, and “his punishment” means he is imprisoned.

In the narration of Ad-Daraqutni and Ibn ‘Adi: The Prophet (ﷺ) said: “The one with a right has authority and speech.”

(1) The statement: “The Prophet (ﷺ) sold all his property”: This means that if the creditors of a bankrupt person request restriction, the judge restricts him, sells his property if he refuses to sell it, distributes his property among the creditors, and prevents him from transactions that harm the creditors, such as acknowledgment or selling at less than its value. It is narrated in this hadith that Mu‘adh was overwhelmed by debt, so the Messenger of Allah (ﷺ) sold his property and distributed the proceeds among his creditors proportionally. This restriction is in consideration of the creditors to prevent harm through acknowledgment. This is the view of Abu Hanifah’s two companions. Abu Hanifah said: He is not restricted due to debt, even if the creditors request it, because restriction diminishes his legal capacity and equates him to animals, which is significant harm and thus not permissible. However, if the creditors of a debtor request his imprisonment, the judge imprisons him to compel him to sell his property to pay his debt, as paying the debt is obligatory, and delaying is injustice. The ruler imprisons him to prevent his injustice and ensure the right reaches its owner, not to coerce him into selling, as the purpose of imprisonment is to compel payment of the debt by any means. This is derived from the completion of Bahr Ar-Ra’iq.

(2) The statement: “The delay of a wealthy person makes his honor and punishment permissible”: This hadith is used as evidence for the permissibility of imprisoning someone with a debt until he pays it, if he is capable, as a disciplinary measure and to be strict with him, but not if he is incapable, as indicated by “wealthy.” This implies that the honor and punishment of an insolvent person are not permissible. The Hanafis and Zaid ibn ‘Ali permitted imprisonment for the wealthy. The majority said the ruler sells on his behalf, as indicated by the hadith of Mu‘adh. As for the non-wealthy, the majority said he is not imprisoned, but Abu Hanifah said the creditor may pursue him, based on the statement: “The one with a right has authority and speech,” meaning authority refers to pursuit and speech to demanding. This is derived from Nail Al-Awtar and Al-Hidayah.

If a person who has the means to repay a debt (but delays repayment) and demands more time, then (the lender should not seek any additional benefit or favor from him, as) Mubarak (RA) said that 'seeking benefit' means to make him feel ashamed, and 'favor' means to imprison him.

The one with the right, meaning the creditor, should use his hand and tongue against the debtor. In the case of the debtor, if he is wealthy but delays repayment, it is permissible to show him respect and give him respite. This hadith establishes that if a debtor, despite being capable, delays repayment, it is permissible to imprison or punish him. However, if the debtor is wealthy and evasive, it is not incorrect to show him respect and give him respite; rather, he should be given leniency, and the wealthy debtor should be compelled to repay the debt. Imprisonment is a matter of precaution, as per the view of Zayd bin Ali (RA). His opinion is that the ruler of the time should grant a reasonable period to the debtor, as is established from the hadith of Mu'adh (RA) mentioned earlier. Regarding the evasive debtor, the opinion is that he should be imprisoned or punished, but Abu Hanifah (RA) said that the creditor should remain with the debtor and demand repayment verbally. The meaning of the noble Prophet's ﷺ statement in the aforementioned hadith, 'Let the one with the right use his hand and tongue,' is intended.

‘Imran ibn Husayn (may Allah be pleased with him) narrated that the Messenger of Allah (ﷺ) said: “Whoever has a claim against someone, and he delays it, he will have the reward of charity for each day.” [Narrated by Ahmad]

(1) The statement: “He will have the reward of charity for each day”: There are hadiths on the virtue of lending, and the general Qur’anic and hadith evidence on the merit of helping, fulfilling a Muslim’s need, relieving his distress, and meeting his needs encompass this. There is no disagreement among Muslims regarding its legitimacy. This is stated in Nail Al-Awtar.

Abu Hurairah (may Allah be pleased with him) narrated that the Prophet (ﷺ) said: “There was a man who lent to people and would say to his servant: ‘When you come to an insolvent person, overlook him, perhaps Allah will overlook us.’ He met Allah, and Allah overlooked him.” [Agreed upon]

Abu Qatadah (may Allah be pleased with him) narrated that the Messenger of Allah (ﷺ) said: “Whoever is pleased that Allah saves him from the distress of the Day of Resurrection, let him relieve an insolvent person or waive part of his debt.” [Narrated by Muslim]

From him, he said: I heard the Messenger of Allah (ﷺ) say: “Whoever grants respite to an insolvent person or waives part of his debt, Allah will save him from the distress of the Day of Resurrection.” [Narrated by Muslim]

Abu Al-Yusr (may Allah be pleased with him) narrated: I heard the Prophet (ﷺ) say: “Whoever grants respite to an insolvent person or waives part of his debt, Allah will shade him under His shade.” [Narrated by Muslim]

Ka‘b ibn Malik (may Allah be pleased with him) narrated that he demanded a debt owed to him by Ibn Abi Hadrad in the mosque during the time of the Messenger of Allah (ﷺ). Their voices rose until the Messenger of Allah (ﷺ) heard them while he was in his house. He came out to them, lifted the curtain of his room, and called out to Ka‘b ibn Malik, saying: “O Ka‘b!” He replied: “At your service, O Messenger of Allah!” He said: “Waive part of your debt,” gesturing to waive half of it. Ka‘b said: “I have done so, O Messenger of Allah.” He said: “Get up and pay him.” [Agreed upon]

(1) The statement: “He demanded from Ibn Abi Hadrad”: This indicates that leniency and demanding payment do not coexist, as the creditor is entitled to demand his debt. Ibn Battal said: It shows the permissibility of raising voices in the mosque if it is not excessive, due to the absence of disapproval. It also permits relying on gestures, which are equivalent to speech if understood, so the oath, testimony, and contracts of a mute person are valid if understood. It indicates the judge gesturing toward reconciliation as guidance. Here, reconciliation occurred with mutual acknowledgment, as their dispute was not about the debt but about demanding it. Reconciliation with denial is permitted by Abu Hanifah and Malik, and it is the view of Al-Hasan, but Ash-Shafi‘i and Ibn Abi Layla said it is invalid. It also indicates persistence in demanding payment, intercession with the creditor, reconciling between disputants, and mediating well between them, accepting intercession in non-sinful matters, and lifting curtains at the room. This is stated in Umdat Al-Qari.

Thawban (may Allah be pleased with him) narrated that the Messenger of Allah (ﷺ) said: “Whoever dies free of arrogance, misappropriation, and debt will enter Paradise.” [Narrated by At-Tirmidhi, Ibn Majah, and Ad-Darimi]

Mujahid narrated that ‘Abdullah ibn ‘Umar (may Allah be pleased with him) borrowed some dirhams from a man and repaid him with better ones. The man said: “These are better than the dirhams I lent you.” Ibn ‘Umar said: “I know, but my soul is content with it.” [Narrated by Muhammad in his Muwatta]

He said: We follow the saying of Ibn ‘Umar: There is no harm in it if it is without a stipulated condition. This is the view of Abu Hanifah (may Allah have mercy on him).

(1) The statement: “He repaid with better ones”: The hadith of Abu Rafi‘ also indicates that if someone borrows something and returns something better or more without a condition, it is an act of kindness, and it is permissible for the lender. It permits lending animals, which is the view of Malik and Ash-Shafi‘i. Abu Hanifah’s view is that it is not permissible. His evidence includes what the Imams narrated from Ibn ‘Abbas that the Prophet (ﷺ) prohibited selling animals for animals on credit, and from Jabir that the Messenger of Allah (ﷺ) saw no harm in selling animals, two for one, but disliked credit. From Ibn ‘Umar, the Prophet (ﷺ) prohibited selling animals for animals on credit, and similarly from Samurah. At-Tahawi narrated it in Ma‘ani Al-Athar. Abu Ja‘far said: This abrogates what we narrated from the Messenger of Allah (ﷺ) permitting the sale of animals for animals on credit, including borrowing animals. In Al-‘Urf Ash-Shadhi, Abu Hanifah said: Lending is only permissible for fungible items, i.e., measured or weighed. Ash-Shafi‘i said: Borrowing animals is permissible like forward sales, with clear specification to avoid disputes. Ash-Shafi‘i has the hadith of Abu Rafi‘, while we have the general prohibition against selling animals for animals on credit. The incident in Abu Rafi‘’s hadith is a specific case. If it is said that the prohibition applies to sales, not loans, I say: Their basis is the same. The context of Abu Rafi‘’s hadith, in my view, is that he bought a camel for a deferred price and gave camels in place of that price, so the narrator expressed it this way. Such transactions are common in our time. This is derived from Badhl Al-Majhud.

(2) The statement: “There is no harm in it”: Meaning, repaying a debt with something better than what was taken. This is stated in At-Ta‘liq Al-Mumajjad.

Abu Hurairah (may Allah be pleased with him) narrated that a man demanded a debt from the Messenger of Allah (ﷺ) and was harsh with him. His companions intended to intervene, but he said: “Leave him, for the one with a right has a say. Buy a camel for him and give it to him.” They said: “We only find one better than his age.” He said: “Buy it and give it to him, for the best of you is the one who repays best.” [Agreed upon]

Suwayd ibn Qays narrated: I and Makhramah Al-‘Abdi brought barley from Hajar and came with it to Makkah. The Messenger of Allah (ﷺ) came to us walking and bargained with us for trousers, so we sold them to him. There was a man weighing for a wage, and the Messenger of Allah (ﷺ) said to him: “Weigh and add more.” [Narrated by Ahmad, Abu Dawud, At-Tirmidhi, Ibn Majah, and Ad-Darimi. At-Tirmidhi said: This hadith is good and authentic]

(1) The statement: “He bargained with us for trousers, so we sold them to him”: There is disagreement about him wearing trousers. Some denied it, citing that ‘Uthman did not wear them on the day he was killed, but it is confirmed that he purchased them. Ibn Al-Qayyim said: It appears he wore them, and they used to wear them in his time. This is stated in Al-Marqah.

Jabir (may Allah be pleased with him) narrated: I had a debt owed to me by the Prophet (ﷺ), and he paid me and gave me extra. [Narrated by Abu Dawud]

‘Abdullah ibn Abi Rabi‘ah (may Allah be pleased with him) narrated: The Prophet (ﷺ) borrowed forty thousand from me. When wealth came to him, he paid me and said: “May Allah, the Exalted, bless your family and wealth. The reward for a loan is praise and repayment.” [Narrated by An-Nasa’i]

Abu Hurairah (may Allah be pleased with him) narrated that the Messenger of Allah (ﷺ) said: “The delay of a wealthy person is injustice. If one of you is referred to a solvent person, let him follow.” [Agreed upon]

(1) The statement: “Let him follow”: An-Nawawi said: The view of our companions and the majority is that the command is for recommendation. Some said it is for permissibility, and others said it is obligatory. This is stated in Al-Marqah and Umdat Al-Qari.

Salamah ibn Al-Akwa‘ (may Allah be pleased with him) narrated: We were sitting with the Prophet (ﷺ) when a funeral was brought, and they said: “Pray over it.” He said: “Does he have any debt?” They said: “No.” He said: “Did he leave anything?” They said: “No.” So he prayed over it. Then another funeral was brought, and they said: “O Messenger of Allah, pray over it.” He said: “Does he have any debt?” They said: “Yes.” He said: “Did he leave anything?” They said: “Three dinars.” So he prayed over it. Then a third was brought, and they said: “Pray over it.” He said: “Did he leave anything?” They said: “No.” He said: “Does he have any debt?” They said: “Three dinars.” He said: “Pray over your companion.” Abu Qatadah said: “Pray over him, O Messenger of Allah, and his debt is on me.” So he prayed over it. [Narrated by Bukhari]

(1) The statement: “And his debt is on me”: This refers to guaranteeing the debt of a deceased person. Ibn Battal said: Scholars differed on someone guaranteeing a debt for a deceased person. Ibn Abi Layla, Muhammad, Abu Yusuf, and Ash-Shafi‘i said: Guaranteeing is permissible for him, even if he left nothing to cover it, based on this hadith. Abu Hanifah said: If the deceased left nothing, guaranteeing is not permissible, but if he left something, it is permissible to the extent of what he left. The response to the hadith is that it may refer to a prior guarantee, as the wording of acknowledgment and initiation in guaranteeing is the same, and the narration of an act is not general. It may also be abrogated, as its abrogation became clear to him. The hadith of Abu Hurairah, which comes later, indicates abrogation, where he said: “I am more entitled to the believers than themselves. Whoever dies among the believers and leaves a debt, its repayment is on me, and whoever leaves wealth, it is for his heirs.”

In the narration of Abu Hazim from Abu Hurairah, the Prophet (ﷺ) said: “Whoever leaves a burden, it is to me, and whoever leaves wealth, it is for the heir.” Abu Bishr Yunus ibn Habib said: I heard Abu Al-Walid say: This abrogates those hadiths about not praying over someone with debt. Ibn ‘Abbas said: The Messenger of Allah (ﷺ) did not pray over someone who died with debt. A man from the Ansar died, and they said: “He has a debt.” He said: “Pray over your companion.” Then Jibril descended and said: “Allah, the Mighty and Sublime, says: The oppressor in debts is with Me for debts taken in transgression, extravagance, and sin. As for the chaste person with dependents, I guarantee to pay on his behalf.” So he prayed over him and said afterward: “Whoever leaves loss or debt, it is to me or on me, and whoever leaves sustenance, it is for his family.” He prayed over them. It may be said that it was not a guarantee but a promise to pay his debt. When the Messenger of Allah (ﷺ) knew the promise was true, he prayed, as the obstacle was lifted. This is derived from Umdat Al-Qari, Al-Luma‘at, and Bahr Ar-Ra’iq. In Ad-Durr Al-Mukhtar, it is stated: Guaranteeing a debt for a bankrupt deceased is not valid according to him, but the three others validated it absolutely, and if someone voluntarily undertakes it, it is valid by consensus.

Abu Sa‘id Al-Khudri (may Allah be pleased with him) narrated: A funeral was brought to the Prophet (ﷺ) to pray over it. He said: “Does your companion have any debt?” They said: “Yes.” He said: “Did he leave anything to cover it?” They said: “No.” He said: “Pray over your companion.” ‘Ali ibn Abi Talib (may Allah be pleased with him) said: “His debt is on me, O Messenger of Allah.” So he stepped forward and prayed over it. In another narration with the same meaning, he said: “Allah has freed your pledge from the Fire, just as you freed your Muslim brother’s pledge. No Muslim servant pays his brother’s debt except that Allah frees his pledge on the Day of Resurrection.” [Narrated in Sharh As-Sunnah]

Abu Sa‘id Al-Khudri (may Allah be pleased with him) narrated: A funeral was brought to the Prophet (ﷺ) to pray over it. He said: “Does your companion have any debt?” They said: “Yes.” He said: “Did he leave anything to cover it?” They said: “No.” He said: “Pray over your companion.” ‘Ali ibn Abi Talib (may Allah be pleased with him) said: “His debt is on me, O Messenger of Allah.” So he stepped forward and prayed over it. In another narration with the same meaning, he said: “Allah has freed your pledge from the Fire, just as you freed your Muslim brother’s pledge. No Muslim servant pays his brother’s debt except that Allah frees his pledge on the Day of Resurrection.” [Narrated in Sharh As-Sunnah]

Abu Hurairah (may Allah be pleased with him) narrated: The Messenger of Allah (ﷺ) was brought a deceased person with a debt, and he would ask: “Did he leave anything to pay his debt?” If he was told he left something to cover his debt, he prayed. Otherwise, he said to the Muslims: “Pray over your companion.” When Allah granted him conquests, he stood and said: “I am more entitled to the believers than themselves. Whoever dies among the believers and leaves a debt, its repayment is on me, and whoever leaves wealth, it is for his heirs.” [Agreed upon]

(1) The statement: “Leaves a debt, its repayment is on me”: In Umdat Al-Qari, Ibn Battal said: This abrogates his not praying over someone who died with a debt. I say: This is because he did not pray over them before the conquests. When Allah granted the conquests, he prayed over them, so this act abrogated his earlier act, as Ibn Battal said. Bukhari indicated this with the chapter title.

From him, the Prophet (ﷺ) said: “Whoever takes people’s wealth intending to repay it, Allah will repay it for him. Whoever takes it intending to waste it, Allah will destroy him for it.” [Narrated by Bukhari]

Abu Qatadah (may Allah be pleased with him) narrated: A man said: “O Messenger of Allah, if I am killed in the way of Allah, patient, seeking reward, advancing, not retreating, will Allah forgive my sins?” The Messenger of Allah (ﷺ) said: “Yes.” When he turned away, the Prophet (ﷺ) called him and said: “Yes, except for debt. That is what Jibril told me.” [Narrated by Muslim]

Muhammad ibn ‘Abdullah ibn Jahsh (may Allah be pleased with him) narrated: We were sitting in the courtyard of the mosque where funerals are placed, and the Messenger of Allah (ﷺ) was sitting among us. He raised his gaze to the sky, looked, then lowered his gaze and placed his hand on his forehead, saying: “Glory be to Allah, glory be to Allah, what a severe matter has descended.” We remained silent that day and night, not seeing any good until morning. Muhammad said: I asked the Messenger of Allah (ﷺ): “What is the severe matter that descended?” He said: “Regarding debt. By the One in Whose hand is Muhammad’s soul, if a man is killed in the way of Allah, then lives, then is killed in the way of Allah, then lives, and has a debt, he will not enter Paradise until his debt is paid.” [Narrated by Ahmad and in Sharh As-Sunnah similarly]

(1) The statement: “Where funerals are placed”: This indicates that they did not pray over funerals inside the noble mosque. This is stated in Al-Marqah.

Abu Qatadah (may Allah be pleased with him) narrated: A man said: “O Messenger of Allah, if I am killed in the way of Allah, patient, seeking reward, advancing, not retreating, will Allah forgive my sins?” The Messenger of Allah (ﷺ) said: “Yes.” When he turned away, the Prophet (ﷺ) called him and said: “Yes, except for debt. That is what Jibril told me.” [Narrated by Muslim]

Abu Hurairah (may Allah be pleased with him) narrated that the Messenger of Allah (ﷺ) said: “The soul of a believer is suspended by his debt until it is paid on his behalf.” [Narrated by Ash-Shafi‘i, Ahmad, At-Tirmidhi, Ibn Majah, and Ad-Darimi]

Al-Bara’ ibn ‘Azib (may Allah be pleased with him) narrated that the Messenger of Allah (ﷺ) said: “The one with a debt is imprisoned by his debt, complaining to his Lord of loneliness on the Day of Resurrection.” [Narrated in Sharh As-Sunnah]

Sa‘id ibn Al-Atwal narrated: My brother died and left three hundred dinars and young children. I wanted to spend on them, but the Messenger of Allah (ﷺ) said to me: “Your brother is detained by his debt, so pay it on his behalf.” I went and paid it on his behalf, then came and said: “O Messenger of Allah, I have paid it on his behalf, and only a woman claiming two dinars remains, but she has no proof.” He said: “Give it to her, for she is truthful.” [Narrated by Ahmad]

(1) The statement: “My brother died and left three hundred dinars and young children, and I wanted to spend on them, but the Messenger of Allah (ﷺ) said: Your brother is detained by his debt, so pay it on his behalf”: For this reason, our Hanafi scholars said: Debt takes precedence over inheritance. This is stated in As-Siraji.

Abu Musa (may Allah be pleased with him) narrated that the Prophet (ﷺ) said: “The greatest sin a servant meets Allah with, after the major sins Allah prohibited, is that a man dies with a debt and leaves nothing to pay it.” [Narrated by Ahmad and Abu Dawud]

‘Amr ibn ‘Awf Al-Muzani (may Allah be pleased with him) narrated that the Prophet (ﷺ) said: “Reconciliation is permissible among Muslims, except a reconciliation that prohibits something lawful or permits something unlawful. Muslims are bound by their conditions, except a condition that prohibits something lawful or permits something unlawful.” [Narrated by At-Tirmidhi, Ibn Majah, and Abu Dawud, and his narration ends at “their conditions”]

(1) The statement: “Reconciliation is permissible”: Mawlana Muhammad Yahya, the deceased, wrote from his teacher’s dictation: Ash-Shafi‘i said: Reconciliation with wealth in case of denial is not permissible, because if someone reconciles with part of his wealth, the remainder that the creditor waives remains in the other’s possession, which is unlawful for him. The response is that it is not unlawful after the creditor waives his right. The unlawful and lawful refer to what is supported by Shari‘ah. The unlawful remains unlawful even after reconciliation, or the lawful remains lawful after it and becomes prohibited by reconciliation. Here, it is not so, as the prohibition is only for wasting another’s right. When he permits it, it is no longer unlawful. Ash-Shawkani said: The apparent meaning of this wording is general, encompassing all reconciliations except what the Lawgiver exempted in this hadith. Whoever claims the impermissibility of reconciliation beyond what the Lawgiver exempted must provide evidence. Abu Hanifah, Malik, Ahmad, and the majority followed the general meaning. It is narrated in Bahr from Al-‘Itrah, Ash-Shafi‘i, and Ibn Abi Layla that reconciliation with denial is not permissible. Reconciliation that prohibits the lawful, such as a wife reconciling with her husband on the condition that he does not divorce her, marry another, or stay with her co-wife, or that permits the unlawful, such as reconciling for intercourse with a slave woman that is not permissible for him, or consuming wealth that is not lawful for him, or the like, is prohibited. This is stated in Badhl Al-Majhud. In Al-Luma‘at, it is said: The relevance of this hadith to the chapter is subtle, except that reconciliation is often related to bankruptcy.