What is the ruling on a creditor taking property when the debtor legally prevents payment (e.g., due to postponement or insolvency)?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If the debtor prevents the creditor from receiving payment due to a valid impediment, such as postponement or insolvency, taking anything from the debtor's property without permission is not permissible, with no scholarly disagreement. If the creditor takes something, he must return it if it remains, or its equivalent if destroyed. Offset does not occur in this case because the debt is not presently due.