Can a creditor prevent a debtor from traveling when the debt is due?
General Chapter
Al-Mughni
Book of the Insolvent (Bankruptcy)
Primary text
If a debtor wishes to travel and the creditor seeks to prevent him, consideration must be given to the due date. If the debt is due before the debtor's return from travel (e.g., the travel is for Hajj, returning in Safar, but the debt is due in Muharram or Dhu al-Hijjah), the creditor has the right to prevent the travel because it causes prejudice by delaying the satisfaction of the right beyond its appointed time. If the debtor provides a reliable guarantor or places a pledge covering the debt upon its due date, travel is permitted because the prejudice is removed. However, if the debt is not due until after the debtor's return (e.g., due in Rabi' while the return is in Safar), and the travel is for Jihad, the creditor may prevent travel unless a guarantor or pledge is provided, because travel for Jihad involves risk of martyrdom and loss of life, making the right insecure. The evidence for permitting prevention when the due date is imminent or the travel involves risk is that such travel prevents the realization of the right at its appointed time, thus permitting prevention unless secured, similar to when the right has already become due.
Supporting text
If the travel is for reasons other than Jihad, the apparent opinion in the text of Al-Kharqi, which is one narration from Ahmad, suggests the creditor cannot prevent travel because it is not an indication of future non-payment at the due time, similar to short travel or travel to Friday prayer. Al-Shafi'i maintains that the creditor cannot prevent travel or demand a surety for a deferred debt, regardless of whether the due date precedes or follows the travel, or whether the travel is for Jihad or otherwise, reasoning that since the creditor cannot currently demand the principal debt, he cannot prevent the travel or demand a surety, like in safe, short travels.