The Conditions for Testifying to Insolvency and Its Ruling
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Question:
What are the conditions that must be met for testifying that a person is insolvent? What is the ruling if the one claiming insolvency is afflicted with some of the prohibited acts? And if he has a fixed income, or has rented-out real estate, or is an employee, is it permissible to testify that he is insolvent? May Allah reward you with good.
Answer:
So testimony relies on knowledge. Yes. On what is being testified to. Allah the Exalted said:[Az-Zukhruf 43:86] Therefore, it is necessary that the witness knows what he is testifying to.
Whether through seeing, or through hearing, or through widespread report, or through other means of knowledge. But if he does not have certainty and knowledge of what he is testifying to, it is not permissible. It is not permissible for him to testify to what he does not know, for this is false testimony, which is forbidden. The Prophet (peace and blessings be upon him) warned against false testimony. He said (peace and blessings be upon him): And he (peace and blessings be upon him) was leaning, so he sat up and said: Beware of false speech, beware of false testimony. He kept repeating it until those present from among the Companions said: If only he had been silent, out of concern for him (peace and blessings be upon him). May Allah send prayers upon.
[One] who is affected by this statement and clarification for the people. The insolvent one is the one whose money is less than the debts upon him. Yes.
[He is the one] whose existing assets are less than the current debts he is being demanded to pay and is being asked to settle. This is the insolvent person. To prove his insolvency, three witnesses are required who testify to his insolvency, until it is as stated in the hadith:Sahih Ibn Hibban 13:188
This is the minimum number of witnesses for testimony of insolvency. Their testimony must be based on knowledge and experience regarding the condition of the person being testified to as insolvent. So the conclusion is that this matter does not allow for leniency. May Allah.
Rather, it is necessary that the testimony be based on truthfulness and honesty, in this and in other matters. Testimony is a matter of great significance, and great consequences follow from it, such as establishing what one testifies to or against. It entails great matters concerning the rights of Allah the Mighty and Majestic and the rights of people, and what is ruled upon the person testified against or in favor of the person testified for. Therefore, testimony must be based on knowledge and verification, and its purpose must be to clarify the truth. Its purpose is not tribal loyalty or partisanship for a person, for testimony is for Allah alone. Allah the Exalted said:[An-Nisa 4:135] Be [An-Nisa 4:135]. Allah the Exalted said: [An-Nisa 4:136] [Al-Ma'idah 5:8] And He, Blessed and Exalted is He, said: [Al-An'am 6:152] So, in summary, testimony is a great matter. Although many people are lax in this regard, considering it one of the matters in which people help one another, and some testify for others out of assistance or partisanship and loyalty to them, and they conceal testimony if it is for someone other than those they are partisan for or those they protect. Testifying falsely and concealing the truth in testimony, both are serious matters. Allah the Exalted said: [Al-Baqarah 2:283] Yes.
What are the conditions that must be met for testifying that a person is insolvent? What is the ruling if the one claiming insolvency is afflicted with some of the prohibited acts? And if he has a fixed income, or has rented-out real estate, or is an employee, is it permissible to testify that he is insolvent? May Allah reward you with good.
Answer:
So testimony relies on knowledge. Yes. On what is being testified to. Allah the Exalted said:
but only those who testify to the truth [can benefit], and they know.
إِلَّا مَن شَهِدَ بِالْحَقِّ وَهُمْ يَعْلَمُونَWhether through seeing, or through hearing, or through widespread report, or through other means of knowledge. But if he does not have certainty and knowledge of what he is testifying to, it is not permissible. It is not permissible for him to testify to what he does not know, for this is false testimony, which is forbidden. The Prophet (peace and blessings be upon him) warned against false testimony. He said (peace and blessings be upon him):
Shall I inform you of the greatest of the major sins? They said: Yes, O Messenger of Allah. He said: Associating partners with Allah, and killing the soul [for which Allah has made it] forbidden, and consuming riba (usury or interest), and consuming the wealth of the orphan, and turning back on the day of battle. I said: [What about] the chaste women who are unaware and believe?
أَلاَ أُخْبِرُكُمْ بِأَكْبَرِ الْكَبَائِرِ قَالُوا بَلَى يَا رَسُولَ اللَّهِ قَالَ الإِشْرَاكُ بِاللَّهِ، وقتل النفس، وأكل الربا، وأكل مال اليتيم، والتولي يوم الزحف، قلت المحصنات الغافلات المؤمنات،[One] who is affected by this statement and clarification for the people. The insolvent one is the one whose money is less than the debts upon him. Yes.
[He is the one] whose existing assets are less than the current debts he is being demanded to pay and is being asked to settle. This is the insolvent person. To prove his insolvency, three witnesses are required who testify to his insolvency, until it is as stated in the hadith:
Until three men of sense from among his people say: Indeed, such-and-such a person has been afflicted with poverty.
حتى يقول ثلاثة من ذوي الحجا من قومه لقد أصابت فلانا فاقة.This is the minimum number of witnesses for testimony of insolvency. Their testimony must be based on knowledge and experience regarding the condition of the person being testified to as insolvent. So the conclusion is that this matter does not allow for leniency. May Allah.
Rather, it is necessary that the testimony be based on truthfulness and honesty, in this and in other matters. Testimony is a matter of great significance, and great consequences follow from it, such as establishing what one testifies to or against. It entails great matters concerning the rights of Allah the Mighty and Majestic and the rights of people, and what is ruled upon the person testified against or in favor of the person testified for. Therefore, testimony must be based on knowledge and verification, and its purpose must be to clarify the truth. Its purpose is not tribal loyalty or partisanship for a person, for testimony is for Allah alone. Allah the Exalted said:
O you who have believed, be
يَا أَيُّهَا الَّذِينَ آمَنُوا كُونُواbe persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives. Whether one is rich or poor, Allah is more worthy of both. So follow not [personal] inclination, lest you not be just. And if you distort [your testimony] or refuse [to give it], then indeed Allah is ever, with what you do, Acquainted.
قَوَّامِينَ بِالْقِسْطِ شُهَدَاءَ لِلَّهِ وَلَوْ عَلَىٰ أَنفُسِكُمْ أَوِ الْوَالِدَيْنِ وَالْأَقْرَبِينَ إِن يَكُنْ غَنِيًّا أَوْ فَقِيرًا فَاللَّهُ أَوْلَىٰ بِهِمَا فَلَا تَتَّبِعُوا الْهَوَىٰ أَن تَعْدِلُوا وَإِن تَلْوُوا أَوْ تُعْرِضُوا فَإِنَّ اللَّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًاO you who have believed, believe in Allah and His Messenger and the Book that He sent down upon His Messenger and the Scripture which He sent down before. And whoever disbelieves in Allah, His angels, His books, His messengers, and the Last Day has certainly gone far astray.
يَا أَيُّهَاyou who have believed, be persistently standing firm for Allah, witnesses in justice, and do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness
الَّذِينَ آمَنُوا كُونُوا قَوَّامِينَ لِلَّهِ شُهَدَاءَ بِالْقِسْطِ وَلَا يَجْرِمَنَّكُمْ شَنَآنُ قَوْمٍ عَلَىٰ أَلَّا تَعْدِلُوا اعْدِلُوا هُوَ أَقْرَبُ لِلتَّقْوَىٰAnd when you testify, be just, even if [it concerns] a near relative. And the covenant of Allah fulfill.
وَإِذَا قُلْتُمْ فَاعْدِلُوا وَلَوْ كَانَ ذَا قُرْبَىٰ وَبِعَهْدِ اللَّهِ أَوْفُواAnd do not conceal testimony, for whoever conceals it - his heart is indeed sinful, and Allah is Knowing of what you do.
وَلَا تَكْتُمُوا الشَّهَادَةَ وَمَن يَكْتُمْهَا فَإِنَّهُ آثِمٌ قَلْبُهُ وَاللَّهُ بِمَا تَعْمَلُونَ عَلِيمٌ
Source
قناة «العلامة الدكتور صالح الفوزان»، ما هي الشروط الواجب توفرها للشهادة بأن الشخص معسر؟ الشيخ صالح بن فوزان الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.