if his wealth has been destroyed, and he claimed that he has other wealth, the oath is incumbent upon him; thus it is the same if evidence has been established for it, for it does not add anything more than the admission. And if the right is established against him in a context other than in exchange for wealth he took—such as indemnity for an injury, the value of destroyed property, a dowry (mahr), a guarantee (daman), a sponsorship (kafala), or compensation for khul’ (divorce initiated by the wife)—if he is a woman, and even if no wealth is known for him, he swears that he has no wealth and he is released, and he is not imprisoned. This is the view of al-Shafi'i and Ibn al-Mundhir. If the evidence testifies to his insolvency, it is accepted, and he is not made to swear along with it, for the reasons previously mentioned. But if it testifies that he once had wealth and it was destroyed, it does not dispense with his oath, for the reason we mentioned; and the same applies if his creditor admitted it to him. We have sufficed with his oath because the original state is the absence of wealth, based on what was narrated that the Prophet (peace and blessings of Allah be upon him) said to Hibba and Sawa’, the two sons of Khalid ibn Sawa’: "Do not despair of provision as long as your heads are shaking, for the son of Adam is born with nothing but his two skins (i.e., his body), then Allah the Exalted provides for him." Ibn al-Mundhir said: Imprisonment is a punishment, and we do not know of any sin for which he should be punished. The basic principle is the absence of his wealth, unlike the first issue, for in that case, the original state is the establishment of his wealth, so he is imprisoned until it is known that it has departed. Al-Khiraqi did not differentiate between the two cases, but his statement is to be interpreted according to what we have mentioned, due to the existence of evidence for the distinction.

Section: If the wealthy person (al-musir) refuses to pay the debt, his creditor has the right to insist upon him, demand payment, and speak harshly to him, saying: "O oppressor, O transgressor," and the like; based on the words of the Messenger of Allah (peace and blessings of Allah be upon him): "The procrastination of a wealthy person makes his punishment and the violation of his honor permissible." His punishment is his imprisonment, and the violation of his honor means