that it does not entitle one to reclaim it. Furthermore, it is general, while our hadith restricts it, and it contains an addition; and an addition from a trustworthy source is acceptable. The state of life differs from the state of death for two reasons: firstly, that ownership during life belongs to the insolvent person, whereas here it belongs to someone else; and secondly, that the estate of the insolvent person here has been depleted in a manner that will not return, so the appropriation of this specific physical item would significantly harm the creditors, unlike the case during life.

809 - Issue: He said: (And whoever intends to travel while there is a right upon him that is due before the duration of his journey, the owner of the right may prevent him.)

The sum of this is that if someone owes a debt and wishes to travel, and his creditor wishes to prevent him, we examine the case: if the debt is due before the time of his return from the journey—for example, if his journey is for Hajj and he will not return until Safar, while his debt is due in Muharram or Dhu al-Hijjah—then the creditor may prevent him from traveling because there is harm to him in delaying his right beyond its due date. If he provides a wealthy guarantor or deposits a pledge that covers the debt by the due date, then he may travel, because the harm is eliminated by that. However, if the debt (1) is not due until after the time of his return from the journey—for example, if it is due in Rabi' while he returns in Safar—we examine the case: if his journey is for Jihad, the creditor may prevent him unless he provides a guarantor or pledge; because it is a journey in which one is exposed to martyrdom and the loss of life, so one cannot be certain that the right will not be lost. If the journey is for something other than Jihad, the apparent meaning of al-Khiraqi's statement is that he does not have the right to prevent him, and this is one of two narrations from Ahmad; because this journey is not an indication of preventing the fulfillment of the right at its due time, so he does not have the authority to prevent him from it, just like a short journey or going to Friday prayer. Al-Shafi'i said: He may not prevent him from traveling, nor demand a guarantor if the debt is deferred (mu'ajjal), whether the debt is due before his travel [or after it] (2), or (3) whether it is for Jihad or (4) for something else; because he does not have the right to demand the debt, so he does not have the authority to prevent him.