Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

een given. The rich creditor could not ask him to return all the
money by reason of his having been given all the money. It is
permissible to send a rasûl (messenger) to someone to ask for a
loan from him. If the messenger who asks for the loan from the
rich person says that he is asking it for himself, he will be doing it
as the borrower’s wakîl (deputy), which in turn is not a permissible
practice. If he says to be given the loan for the poor person (who
has sent him), or if he takes the money by saying, for instance, “So
and so requests of you to lend him some money,” he will be doing
it as the borrower’s rasûl (messenger). He will be the borrower’s
wakîl if he says, for instance, “(Please) lend me some money for so
and so,” or only, “(Please) lend me some money.” The same rule
applies in buying and selling. If the person sent performs the
agreement in his own name, he is the wakîl. If he does so in the
name of the person who has sent him, he is the rasûl.
It is harâm for a person who has property not to pay his debt,
little as the debt may be. Offenders of that type are to be
imprisoned, kinsfolk, women, and children alike. The only
exception is one’s parents; they will not be imprisoned for their
(unpaid) debts to their children. A person in prison will not be
allowed to go out for prayers such as Friday, ’Iyd, and Janâza or
for visiting invalid people. He will be kept in prison until he pays
his debt or proves that he is (too) poor (to do so).
It is stated as follows in the initial section of the second part of
the book entitled Fatâwâ-i-Khayriyya: “When a person owning
property does not pay his debt, he will be imprisoned. If he insists
on not paying it, he will be kept in prison till he pays it, according
to Imâm a’zâm (Abû Hanîfa). According to the two Imâms, (i.e.
Imâm Abû Yûsuf and Imâm Muhammad,) the Qâdî (Judge) will
sell out his property, e.g. his house, and pay his debt (on his
behalf). Thereafter he will be released from prison. The
(conclusive answer termed) fatwâ agrees with that latter ijtihâd.
Beating is not permissible.” If the owner of the upper storey (of a
building) repairs the lower storey with the permission of its owner,
he demands the expense from its owner. If the latter refuses to
defray the expense, he will be sent to prison.
It is stated as follows in the six hundred and fifty-sixth [656]
article of the book entitled Majalla: “In case the debtor wants to
move to another country before the date of payment of the
themen, he will have to get someone to act as a surety or to give
something as a security if the creditor applies to the judge for a
surety or security. If the former refuses to do so, he will be banned
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