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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 7 · Page 85

Translation · EN

al-Daraqutni. This proves that the debtor is absolved by the guarantee. Imam Ahmad narrated in his "Musnad" from Jabir, who said: A companion of ours passed away, and we came to the Prophet, may Allah bless him and grant him peace, for him to pray over him. He took a step, then said: "Does he owe a debt?" We said: Two dinars. He turned away, and Abu Qatada took them upon himself, saying: The two dinars are upon me. The Messenger of Allah, may Allah bless him and grant him peace, said: "Has the right of the creditor become binding, and is the deceased absolved of them?" He said: Yes. He prayed over him, then asked after that: What became of the two dinars? He replied: He only died yesterday. He returned to him the next day and said: I have paid them. The Messenger of Allah, may Allah bless him and grant him peace, said: "Now you have cooled his skin." This is explicit regarding the absolution of the debtor due to his saying: "And the deceased is absolved of them." This is because it is a single debt, and when it enters a second liability, the first is absolved of it, like the one for whom a debt is transferred (muhal bihi); this is because a single debt cannot reside in two locations. Our argument is the statement of the Prophet, may Allah bless him and grant him peace: "The soul of the believer is suspended by his debt until it is paid for him." Also, his statement regarding the account of Abu Qatada: "Now you have cooled his skin," when he informed him that he had paid his debt. Furthermore, it is a form of documentation, so it does not transfer the right, similar to testimony. As for the prayer of the Prophet, may Allah bless him and grant him peace, over the debtor, it is because, through the guarantee, he became able to fulfill his obligation, and the Prophet, may Allah bless him and grant him peace, used to refrain from praying over a debtor who did not leave behind enough for fulfillment. As for his statement to Ali: "May Allah release your pledges, just as you have released the pledges of your brother," he was in a state where the Prophet, may Allah bless him and grant him peace, would not pray over him, so when he guaranteed it, he released him from that, or from what is in its meaning. His statement: "The deceased is absolved of them," means: You have become the one demanded for them. This is by way of emphasis, due to the debt being established in his liability and the duty of payment being upon him, as evidenced by his statement in the context of the hadith, when he informed him of the payment: "Now you have cooled his skin."

Notes

(1) In: Kitab al-Buyu' (Book of Sales). Sunan al-Daraqutni 3/47. It was also recorded by al-Bayhaqi in: The Chapter on the Obligation of the Right by Guarantee, from Kitab al-Daman (Book of Guarantee). Al-Sunan al-Kubra 6/73. (2) This story of Abu Qatada was previously mentioned on page 71, narrated from Salama ibn al-Akwa' from him. The story here from Jabir was recorded by Imam Ahmad in: Al-Musnad 3/330. It was also recorded by Abu Dawud in: The Chapter on Severity Regarding Debt, from Kitab al-Buyu'. Sunan Abi Dawud 2/221. (3) In MS M: "jildatahu" (his skin). (4) In MS M there is an addition: "al-dayn" (the debt). (5) Its verification was previously provided in 6/567. (6) Omitted from: M.

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