SECTION OF LAWSUITS · 29 – IMPRISONING A PERSON FOR DEBT AND OTHER RIGHTS
3628 – It is narrated from ʿAmr ibn Sharīṭ, from his father, from the Messenger of God (peace and blessings be upon him), that the Messenger of God (peace and blessings be upon him) said: “The delay of a wealthy person in paying his debt makes it lawful for the creditor to complain about him and for the judge to punish him (with imprisonment).” Ibn al-Mubārak said: The phrase “yuḥillu ʿirḍahu” means “he may be rebuked harshly,” and the phrase “wa ʿuqūbatuha” means “he may be imprisoned.”
3629 – It is narrated from Hirmās ibn Ḥabīb (may Allah be pleased with him), from his father, from his grandfather, who said: I brought my debtor to the Messenger of God (peace and blessings be upon him). The Messenger of God (peace and blessings be upon him) said to me: “Hold him and do not release him.” Then he said to me: “O brother of the Banū Tamīm, what do you intend to do with your captive?” [340]
3630 – It is narrated from Bahz ibn Ḥakīm, from his father, from his grandfather, that the Messenger of God (peace and blessings be upon him) imprisoned a man for a certain period due to an accusation. [341]
3631 – According to what Muʿammil, who is either the brother or paternal uncle of Muʿāwiya ibn Ḥayda, the brother of Bahz ibn Ḥakīm ibn Muʿāwiya, reported: Muʿāwiya went to the Prophet (peace and blessings be upon him) while he was delivering a sermon and asked twice: “Why have my neighbors been detained?” When he received no answer, he said something further. Thereupon, the Prophet (peace and blessings be upon him) said: “Release his neighbors.” [342] In the narration of Muʿammil ibn Qudāma, among the narrators, the phrase “the Messenger of God (peace and blessings be upon him) was delivering a sermon” is not mentioned.