the evidence testifies to his insolvency. Ibn al-Mundhir said: Most of those whom we preserve [teachings] from among the scholars of the regions and their judges hold that imprisonment for debt is valid, among them: Malik, al-Shafi'i, Abu 'Ubayd, al-Nu'man (Abu Hanifa), Sawwar, and 'Ubayd Allah ibn al-Hasan. It was also narrated from Shurayh and al-Sha'bi. 'Umar ibn 'Abd al-'Aziz used to say: His wealth is divided among the creditors, and he is not imprisoned. This was also stated by 'Abd Allah ibn Ja'far and al-Layth ibn Sa'd. Our argument is that the apparent state is what the creditor claims, so the word is his word, like all other claims. If the evidence testifies to the destruction of his wealth, their testimony is accepted, whether they were people of inner knowledge or not; for destruction is something witnessed by those with knowledge of it and others. If the creditor requests that he be made to swear regarding that, he is not granted that; for that is a falsification of the evidence. If the evidence testifies along with that to his insolvency, its testimony suffices, and his insolvency is established. If it does not testify to his insolvency, but only testifies to the destruction [of wealth], and the creditor requests his oath regarding his insolvency and that he has no other wealth, he is made to swear to that; for it is something other than what the evidence testified to. If the evidence does not testify to the destruction [of wealth], but only testifies to insolvency, the testimony is not accepted except from someone with inner knowledge and long-standing acquaintance, because this is among the hidden matters, which are generally not known except by those with knowledge and social interaction. This is the school of al-Shafi'i. It is narrated from Malik that he said: Evidence for insolvency is not heard; for it is testimony to a negation, so it is not heard, like testimony that one has no debt against him. Our argument is what Qabisah ibn al-Mukhariq narrated, that the Prophet (peace and blessings of Allah be upon him) said to him: "O Qabisah, begging is not lawful except for one of three [people]: A man who has taken on a burden of debt, so begging becomes lawful for him until he obtains it, then he stops; a man who is struck by a calamity that destroys his wealth, so begging becomes lawful for him until he obtains a livelihood"—or he said: "a sustenance for life"—"and a man who is struck by poverty, such that three of the intelligent people from his tribe say: So-and-so has been struck by poverty. So begging becomes lawful for him until he obtains a livelihood"—or he said: "a sustenance for life." Narrated by Muslim and Abu Dawud.