The Lender’s Complaint to the Judge and the Borrower’s Inability to Pay
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, if the borrower is unable to repay the loan when its due date arrives, does the lender sin if he complains to the judge, given that the lender is wealthy and does not need the money?
Answer:
It is permissible for him to complain, but if it is established before the judge that the borrower is insolvent, the lender is required to grant him a respite,[Al-Baqarah 2:280]. He does not let him off from the start by saying, “I am insolvent,” and leaving it at that, because most people today are liars who claim insolvency. If it is established before the judge that he is insolvent, then it is obligatory to grant him a respite, as Allah the Exalted said: [Al-Baqarah 2:280]. Yes.
He says: Honorable Shaykh, may Allah grant you success, if the borrower is unable to repay the loan when its due date arrives, does the lender sin if he complains to the judge, given that the lender is wealthy and does not need the money?
Answer:
It is permissible for him to complain, but if it is established before the judge that the borrower is insolvent, the lender is required to grant him a respite,
And if someone is in hardship, then [let there be] postponement until [a time of] ease.
وَإِن كَانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَىٰ مَيْسَرَةٍAnd if someone is in hardship, then [let there be] postponement until [a time of] ease.
وَإِن كَانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَىٰ مَيْسَرَةٍ
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 053-السلم والرهن والقرض - 9-8-23 هـ — archive.org (1:25:58)
The Arabic text is a machine transcription of the audio recording.