What is the ruling when a detainee admits to owing a debt but claims inability to pay (I'sar)?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If the detainee claims inability to pay, the judge questions the claimant. If the claimant affirms the inability to pay, the judge releases the detainee. If the claimant denies it, the judge investigates the origin of the debt. If the debt stems from a transaction where the detainee acquired property (like a loan or purchase), the detainee's claim of inability to pay is not accepted unless they provide clear evidence that their assets have perished or been exhausted, or evidence of their current state of destitution, thereby negating the established basis for the debt. If no established asset base for the debt exists, and the claimant lacks proof of assets, the detainee's declaration, coupled with an oath of inability to pay, is accepted, as the default state is indigence.
Supporting text
If the claimant provides evidence (*bayyinah*) that the detainee possesses wealth, this evidence is only accepted if it precisely identifies the specific wealth. If the evidence identifies a specific property and the detainee affirms ownership, the matter is settled. If the detainee denies ownership, claiming they hold it for another, this denial is only accepted if they name the specific owner. If the named owner is present and denies the detainee's claim, the evidence is voided, and the debt is settled from the detainee's assets, as the evidence supported the possessor's right and implied the obligation to pay from those assets. If the named owner affirms the detainee's claim, and that owner has supporting evidence, the owner's claim is preferred. If the owner lacks evidence, some scholars rule that the evidence is still accepted regarding the asset because it supports a right of a third party, despite the possessor's admission being suspect due to potential collusion to save their own wealth. Another view is that the admission stands, and the evidence is dismissed because it testifies to ownership for someone who neither claims nor acknowledges it.