Hadith 728

وعن عمرو بن الشريد عن أبيه رضي الله عنه قال رسول الله صلى الله عليه وآله وسلم : « لي الواجد يحل عرضه وعقوبته ». رواه أبو داود والنسائي وعلقه البخاري وصححه ابن حبان.
Narrated 'Amr bin ash-Sharid on the authority of his father: Allah's Messenger (ﷺ) said: "Delay in payment on the part of one who possesses the means, makes it lawful to dishonor and punish him." [Abu Dawud and an-Nasa'i reported it. al-Bukhari reported it as Mu'allaq (broken chain from the side of the Hadith collector), and Ibn Hibban graded it Sahih (authentic)].
Hadith Reference بلوغ المرام / 728
Hadith Grading محدثین: حسن
Hadith Takhrij «أخرجه أبوداود، القضاء، باب في الدين هل يحبس به، حديث:3628، والنسائي، البيوع، حديث:4693، 4694، والبخاري، الاستقراض، قبل حديث:2401، وابن حبان (الموارد)، حديث:1164.»
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، القضاء، باب في الدين هل يحبس به، حديث:3628، والنسائي، البيوع، حديث:4693، 4694، والبخاري، الاستقراض، قبل حديث:2401، وابن حبان (الموارد)، حديث:1164.»©

Explanation:
According to this hadith, if a wealthy and affluent person, merely due to his own miserliness, resorts to excuses, procrastination, and delay in the repayment of a debt, while he is in a position to easily pay it back, then the creditor is permitted to verbally disgrace him and is also authorized to have him punished through the court.

The majority of scholars have declared that a person who procrastinates in the repayment of an amount or value equivalent to only ten dirhams is considered a fasiq (open sinner) and his testimony is to be rejected (mardud al-shahadah).
(Sabil al-Salam) ©

Hadith Narrator:
«حضرت عمرو» Abu al-Walid Amr ibn Shurayd (with a fatha on the "sheen" and a kasrah under the "ra") ibn Suwayd.
He was from the tribe of Thaqif in Ta’if, hence he was called Thaqafi Ta’ifi.
He was a trustworthy tabi‘i (successor) and belonged to the third generation.
«حضرت شرید رضی اللہ عنہ » Shurayd ibn Suwayd al-Thaqafi.
His name was Malik.
The Prophet sallallahu alayhi wa sallam named him Shurayd.
He was given this name because he had killed a member of his own tribe and had come to Makkah, after which he accepted Islam.
(Talqih by Ibn al-Jawzi) It is also said that he was from Hadramawt and counted among the tribe of Thaqif.
And another opinion is that he was counted among the people of Ta’if.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 728
Maulana Dawood Raz
Hadith Commentary:
From this hadith, one can perceive how greatly Islam instills a sense of responsibility regarding the rights of people (huquq al-‘ibad).
The aforementioned creditor had come to demand repayment even before the appointed time.
Despite this, the Prophet (sallallahu alayhi wa sallam) not only tolerated his harsh words but also allowed his sternness to pass.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2401
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
From this hadith, one can gauge how much Islam has instilled a sense of responsibility regarding the rights of people (huquq al-‘ibad).
(2)
From other narrations, it is understood that the aforementioned creditor had come to demand his due even before the appointed time. Despite this, the Messenger of Allah (sallallahu alayhi wa sallam) not only tolerated his harsh manner and stern words, but also granted legal protection to his severe behavior.
This is a unique quality of the Messenger of Allah (sallallahu alayhi wa sallam): upon hearing such things, he would say that whoever has a right is also entitled to speak up. If it were someone like us, at such a moment we would roll up our sleeves and respond to a brick with a stone.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2401
Hafiz Muhammad Ameen
The humiliation will be inflicted by the creditor, as he will disgrace him in front of people, and the punishment will be given by the government, as it will imprison him.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4693
Maulana Ataullah Sajid
Benefits and Issues:
(1)
It is necessary to repay a loan on time.

(2)
If the debtor does not repay the loan on time, a complaint can be made against him to the ruler or judge. It is the duty of the ruler and judge to ensure that the rightful person receives his due.

(3)
If the debtor truly does not have the ability to repay the loan, then he should be granted more time, or the loan should be forgiven, or he should be assisted from the public treasury (bayt al-mal). If the system of bayt al-mal does not exist, then it is the duty of others to help him through zakat and charity (sadaqat).

(4)
In those crimes for which there is no prescribed hadd punishment, the criminal can be sentenced to imprisonment as a discretionary (ta'zir) punishment.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2427