If a valid debt is established but the debtor is later found genuinely unable to pay, the underlying obligation may remain even though detention on this ground ceases.
Example: Bakr owes Zayd Rs 80,000. A sound inquiry confirms Bakr's inability and he is released. That is not equivalent to an automatic waiver of Zayd's claim. Later recovery rights and any new financial means raise distinct questions.
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Continuing liability after release
Kitab al-Hajr: Claimed Insolvency, Detention and Release
If a valid debt is established but the debtor is later found genuinely unable to pay, the underlying obligation may remain even though detention on this ground ceases.
Example: Bakr owes Zayd Rs 80,000. A sound inquiry confirms Bakr's inability and he is released. That is not equivalent to an automatic waiver of Zayd's claim. Later recovery rights and any new financial means raise distinct questions.