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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 6 · Page 348The first of them,

Translation · EN

The first [point] concerns the slave's incurring of debt, meaning his taking on of liability. It is said: adana, istadana, and tadayyana. The poet said:

My people blame me for my debt, yet I have only Incurred debt in matters that will gain them praise.

Slaves are of two categories: one who is interdicted. Whatever debt he incurs without his master's consent—such as borrowing or purchasing something on his own liability—is subject to two narrations. The first is that it attaches to his person (raqabah). Al-Khiraqi and Abu Bakr chose this, because it is a debt he incurred without his master's permission, so it attaches to his person, like the indemnity (arsh) for his crimes. The second [narration] is that it attaches to his own personal liability (dhimmah), and the creditor pursues him for it if he is emancipated and becomes wealthy. This is the school of al-Shafi'i, because he is acting upon his own liability without his master's permission, so it attaches to his liability, like the compensation for khul' (divorce initiated by the wife) from a bondswoman, and like a free person. The second category is the one permitted (ma'dhun) to transact, or to incur debt. As for the debt he incurs, does it attach to the master's liability, [or to the slave's person? There are two narrations]. Malik and al-Shafi'i said: If he has wealth in his possession, his debts are paid from it; if he has nothing in his possession, it attaches to his personal liability and he is pursued for it if he is emancipated and becomes wealthy. This is because it is a debt established with the consent of the creditor, resembling the one who is not permitted, so it must not attach to his person, just as if he had borrowed without his master's consent. Abu Hanifah said: He is sold if the creditors demand his sale. This means that it has attached to his person, because it is a debt established with the consent of the creditor, so he is sold for it, just as if he had pledged him as collateral. We maintain that when he grants him permission for trade, he has enticed people to deal with him and authorized them in it, so he becomes a guarantor, as if he had said to them: "Give him credit," or authorized him in borrowing that exceeds his value. There is no difference between the debt he incurs in the authorized trade or in that which he was not permitted [to engage] in, for example, if he permitted him to trade in cloth, and he traded in something else. He cannot be absolved of the deception, as people assume he is permitted for that as well.

Notes

(1) The verse is the opening line of a poem by al-Muqanna' al-Kindi. See: Hamasat Abi Tammam 1/603, and Al-Shi'r wa al-Shu'ara' 2/739. (2) Omitted from: the original. (3) In the original: "one narration". (4) Omitted from: M.

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