The Ruling on Demanding Repayment from an Insolvent Debtor
Machine translationRead the Arabic original
Question:
A questioner says: A person borrowed a sum of money with the agreement that he would repay it within a specific, known time. I have learned that he is insolvent. May I remind him of the repayment time when it arrives, or does my reminding him contradict the obligation to grant respite to the insolvent?
Answer:
A loan is not deferred; it is due immediately. Even if it is deferred, it is a good loan. You may demand the debtor if you know he is well-off; you may demand that he pay. But if he is in difficulty, do not demand payment from him until he finds the means, based on the saying of the Exalted and Majestic:[Al-Baqarah 2:280] meaning you should waive the debt and give in charity [Al-Baqarah 2:280]
A questioner says: A person borrowed a sum of money with the agreement that he would repay it within a specific, known time. I have learned that he is insolvent. May I remind him of the repayment time when it arrives, or does my reminding him contradict the obligation to grant respite to the insolvent?
Answer:
A loan is not deferred; it is due immediately. Even if it is deferred, it is a good loan. You may demand the debtor if you know he is well-off; you may demand that he pay. But if he is in difficulty, do not demand payment from him until he finds the means, based on the saying of the Exalted and Majestic:
And if someone is in hardship, then [let there be] postponement until [a time of] ease. But if you give
وَإِن كَانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَىٰ مَيْسَرَةٍ وَأَن تَصَدَّقُواit is better for you, if you only knew.
خَيْرٌ لَّكُمْ إِن كُنتُمْ تَعْلَمُونَ
Source
نور على الدرب - الفوزان - 03/088 — archive.org (14:50)
The Arabic text is a machine transcription of the audio recording.