What is the ruling on a creditor taking property when the debtor unjustly prevents payment but the creditor can seek recourse through a ruler or authority?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If the debtor unjustly prevents payment, but the creditor is capable of obtaining his right through the judge or ruler, taking the property himself is not permissible. This is because the creditor can secure his right through someone who acts in his place, similar to being able to collect from an appointed agent.