What is Abu Hanifa's ruling on a creditor taking property to satisfy a debt?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
Abu Hanifa permits the creditor to take the equivalent of his right if the asset is specie, paper currency, or of the same kind as the debt. If the asset taken is a commodity (ardh), it is impermissible because taking a commodity in lieu of a debt constitutes an exchange (i'wad), and exchange requires the mutual consent of both parties, as indicated by the Quranic verse: 'Unless it be a trade by mutual consent from among you' (Quran 4:29).
Supporting text
Those who permitted the taking based it on the Hadith of Hind, arguing that if she could take what sufficed her and her children without permission, then a creditor should be allowed to do the same against a debtor. However, the counter-argument relies on the Prophet's statement: 'Render the trust to the one who entrusted it to you, and do not betray the one who betrayed you' (Narrated by Al-Tirmidhi, graded as Hasan). Taking the property without the owner's knowledge constitutes betrayal, falling under the general meaning of this Hadith, and the statement: 'The property of a Muslim is not lawful except by his willing consent.'