to someone else.”

Section: If the property of the insolvent person is divided and a portion of the debt remains, and he possesses a craft, is the judge permitted to compel him to hire himself out to pay off his debt? There are two narrations [of Ahmad]. The first is that he may not compel him, which is the position of Malik and al-Shafi'i, based on the saying of Allah, the Almighty: "And if [the debtor] is in hardship, then let there be postponement until [a time of] ease." And because it was narrated by Abu Sa'id that a man suffered [a loss] in fruits he had purchased, and his debts multiplied. The Prophet (peace and blessings of Allah be upon him) said: "Give charity to him." They gave charity to him, but it did not reach the amount of his debt. The Prophet (peace and blessings of Allah be upon him) then said: "Take what you find, and you have nothing but that." Narrated by Muslim. Furthermore, this [hiring out] is an act of earning wealth, so he is not compelled to do it, just as he is not compelled to accept a gift or charity, and just as a woman is not compelled to marry in order to obtain a dowry.

The second [narration] is that he is compelled to earn, which is the position of Umar ibn Abd al-Aziz, Sawwar al-Anbari, and Ishaq. This is because the Prophet (peace and blessings of Allah be upon him) sold Surraq for his debt. Surraq was a man who entered Medina and claimed that he had wealth behind him [in his homeland], so people dealt with him on credit, and debts accumulated upon him, yet there was no wealth behind him. So he [the Prophet] named him Surraq [thief/deceiver] and sold him for five camels. Since a free man cannot be sold, it is established that he sold his labor/services. Also, because services are treated like concrete assets in terms of the validity of contracting upon them, the prohibition of taking Zakat from them, and the establishment of [a person's] wealth through them; therefore, the same applies to the repayment of debt through them. Moreover, hiring out is a contract of exchange, so it is permissible to compel him to do it, just like selling his property [in order to pay off the debt]. Furthermore, it is hiring out [a service] that he is legally permitted to hire out, so he may be compelled to do so in fulfillment of his debt, like the hiring out of his Umm al-Walad [a slave mother of his child]. Finally, he is capable of fulfilling his debt, so it is incumbent upon him, just like a property owner who is capable of fulfilling it from his property. If it is said: "The hadith of Surraq..."