If one delays paying off a debt, should he be given time or should a complaint be filed against him?
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. A person rented an apartment from me, then paid the first installment, but after that he did not pay. When I demand payment from him, he claims poverty and hardship, saying that he has not found work yet. His question is: Is it permissible for me, according to the Shari'ah, to file a complaint against him, or is it obligatory for me to give him time, even if giving him time causes harm to me? I know that he is a liar and that he makes this claim while being a liar.
Answer:
You may file a complaint against him. However, if you are certain and know that he is truthful, that he has nothing, and that he needs to work in order to pay you, then this is giving time until he is able to pay, and this is the stronger position. If you know that, do not burden him. If you know that he is poor and unable to pay, give him time. But if you know that he is a fraud and a liar, you may file a complaint against him and take your right from him, because he is not incapacitated. Yes.
He says: Honorable Shaykh, may Allah grant you success. A person rented an apartment from me, then paid the first installment, but after that he did not pay. When I demand payment from him, he claims poverty and hardship, saying that he has not found work yet. His question is: Is it permissible for me, according to the Shari'ah, to file a complaint against him, or is it obligatory for me to give him time, even if giving him time causes harm to me? I know that he is a liar and that he makes this claim while being a liar.
Answer:
You may file a complaint against him. However, if you are certain and know that he is truthful, that he has nothing, and that he needs to work in order to pay you, then this is giving time until he is able to pay, and this is the stronger position. If you know that, do not burden him. If you know that he is poor and unable to pay, give him time. But if you know that he is a fraud and a liar, you may file a complaint against him and take your right from him, because he is not incapacitated. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1337 -2802] من كان يماطل في سداد الدين هل يُنظر أم يقدم شكوى ضده؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
