Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

from setting for a (long-distance journey termed) safar (or sefer).
A surety will not be demanded from a debtor who does not plan to
move to another location. If a person has accepted the debtor’s
request to act as a surety for him, he may say to the debtor who
decides to leave for another location, ‘Either pay your debt to me
or to the creditor, or get the creditor to excuse me, and thereafter
(you may) leave!’ ” It is stated in its sixteen hundred and ninth
[1609] article: “If a person writes a promissory note of debt, or has
it typewritten, signs or seals it, and gives it to another person, it will
be as binding as his verbal confirmation if it has been written
compatibly with rules and customs. In case he denies the debt
written on the promissory note while admitting that the
promissory note belongs to him, his denial will be overruled and he
will have to pay the debt.”
It is stated as follows in the thirty-second [32] article of the
enforcement law enacted in 1296 [1879 A.D.]: “If it is determined
by way of attestation or denunciation that the debtor who declines
to pay his debt ownes property, the court of law sends him to
prison or distrains his property.” It is stated in its sixty-fifth [65]
article: “The money obtained from the sale of the chattels or
property is spent primarily for the payment of the costs of the
distraint, and thereafter the debt is paid.” It is stated in the
thirteenth [13] article of the Stamp Act: “The revenue stamp duty
for the receipts is to be paid by the borrower.” Ibni ’Âbidîn’s
‘rahmatullâhi ta’âlâ ’alaih’ explaining that it is permissible for
judges and muftîs to accept payment for the promissory notes and
documents they write out leads inexorably to the conclusion that it
is permissible for either one of the lender or the borrower to
defray the expenses that are involved in lending, such as
promissory notes, etc., depending on customary practices.
Asking for a loan is permissible only in cases of necessity.
There are three categories of necessity:
1– (An absolute necessity, termed) luzûm-i-îjâbî. A person’s
asking for a loan in order to earn a living that is halâl because he
is deprived of the means of living or because his means of living is
dubious, (i.e. his earnings may be harâm.) Also in this category of
loan is money for buying clothes in order to cover the awrat parts
of one’s body. (Please see the eighth chapter of the fourth fascicle
of Endlesss Bliss for the term ‘awrat parts’.
2– (A rational necessity, termed) luzûm-i-’aqlî. A person’s
asking a loan in order to buy or rent an inhabitable house,
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