وكذلك إذا أقام البينة أنه لا مال له
Translation: Likewise, when he produces evidence that he has no property.
Here the debtor supports the claim of inability with proof. The judge assesses that evidence in deciding whether detention may continue.
Evidence of insolvency and positive evidence of available wealth are not interchangeable; the nature of each and their relative evidentiary force matter in the ensuing judicial assessment.
Opening interactive controls...
Release upon proof of having no property
Kitab al-Hajr: Claimed Insolvency, Detention and Release
وكذلك إذا أقام البينة أنه لا مال له
Translation: Likewise, when he produces evidence that he has no property.
Here the debtor supports the claim of inability with proof. The judge assesses that evidence in deciding whether detention may continue.
Evidence of insolvency and positive evidence of available wealth are not interchangeable; the nature of each and their relative evidentiary force matter in the ensuing judicial assessment.