Imprisonment for debt

Talq bin Mu'awiyah said: A man owed me three hundred dirhams, and I took my dispute with him before Shurayh (may Allah have mercy on him). The man said: They promised me that they would treat me well. Shurayh (may Allah have mercy on him) said: The statement of Allah is: "Indeed, Allah commands you to render trusts to those to whom they are due" [Al-Nisa: 58]. And he ordered him to be kept in prison, although I had not asked him to imprison him, until he made a settlement with me for one hundred and fifty dirhams.

Shurayh (may Allah have mercy on him) used to imprison people in matters of debt.

Al-Sha'bi (may Allah have mercy on him) said: When I do not imprison for debt, I have destroyed his right.

It is narrated from Abu al-Muhazzim (may Allah have mercy on him) that a man brought his debtor to Sayyiduna Abu Hurayrah (may Allah be pleased with him) and said: Have him imprisoned. Sayyiduna Abu Hurayrah (may Allah be pleased with him) said: Do you know whether he has property on hand which I might take from him and give to you? He said: No. He (may Allah be pleased with him) asked: Do you know whether he owns any real estate that I might break up (and sell)? He said: No. He asked: Then what do you want? He said: Have him imprisoned. He (may Allah be pleased with him) said: No; rather, I will leave him so that he may earn a living for you, for himself and for his family.

Al-Hasan (may Allah have mercy on him) gave a judgment like that of Sayyiduna Abu Hurayrah (may Allah be pleased with him).

It is narrated from Jabir that Sayyiduna Ali (may Allah be pleased with him) imprisoned people for debt.

Abd al-A'la said: I was present with Shurayh, and he imprisoned Rustam al-Shadid for a debt.

Waki' said: We did not meet any of our judges, Ibn Abi Layla and others, except that he would imprison for debt.