Can a debtor who claims inability to pay swear an oath that no debt is owed to the creditor?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
It is not permissible for one claimed to owe a debt, being in a state of financial hardship (*mu'sir*), to swear an oath denying the existence of any right held against him. This position is held by al-Muzani. The obligation to grant respite (*nazirah*) concerning the debt, as mentioned in the Quran (2:280), confirms that a right exists against the debtor, for if no right existed, respite would not be warranted.
Supporting text
Abu Thawr held that the debtor is permitted to take such an oath, arguing that since Allah states, "And if someone is in hardship, then let there be a respite until a time of ease" (Quran 2:280), the creditor is not entitled to demand payment immediately, nor is the debtor obligated to pay at that moment.