Is a bankrupt debtor who still owes money and possesses a skill compelled by the judge to rent out his labor to satisfy the remaining debt?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
The debtor is not compelled to rent out his labor to satisfy the debt. This view is held by Malik and Al-Shafi'i. The evidence cited is the verse stating that if the debtor is in hardship, a delay until a time of ease is granted (Quran 2:280). Furthermore, there is the narration where the Prophet, peace be upon him, instructed people to give charity to a man afflicted by debt from purchased fruit, and when charity did not cover the debt, he commanded them to take what was available and nothing more. This is also reasoned by analogy, as compulsion is not applied to acquiring wealth through means such as accepting a gift or charity, nor is a woman compelled into marriage to acquire her Mahr (dower).
Supporting text
The opposing view mandates that the debtor must be compelled to acquire earnings. This position is adopted by Umar ibn Abd al-Aziz, Suwwar, al-Anbari, and Ishaq. The evidence provided is the incident where the Prophet, peace be upon him, 'sold' Sarah (Sariq), a man whose debt accumulated after people loaned him money believing he had wealth, even though he did not. Since a free person cannot be sold, this action is interpreted as selling his usufruct (benefits/labor). It is argued that usufruct is treated similarly to tangible assets regarding contract validity, prohibition of receiving Zakat, and establishing wealth. Additionally, since leasing (ijarah) is a contract of exchange, compulsion to enter it is permissible, similar to compelling the sale of his assets. This is also likened to the obligation to rent out the usufruct of an enslaved mother of one's child (umm walad).