وقال أبو يوسف ومحمد: إذا فلسه الحاكم حال بينه وبين غرمائه
Translation: Abu Yusuf and Muhammad said: If the judge declares him insolvent, the judge interposes between him and his creditors.
The legally significant event is a judicial declaration of insolvency, not every unsupported personal statement that one has no money.
On this view the creditors’ continued pursuit is restricted after that ruling unless relevant new proof is produced.
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Effect of judicial insolvency under the two Companions
Kitab al-Hajr: Creditors After Release and Final Rulings
وقال أبو يوسف ومحمد: إذا فلسه الحاكم حال بينه وبين غرمائه
Translation: Abu Yusuf and Muhammad said: If the judge declares him insolvent, the judge interposes between him and his creditors.
The legally significant event is a judicial declaration of insolvency, not every unsupported personal statement that one has no money.
On this view the creditors’ continued pursuit is restricted after that ruling unless relevant new proof is produced.