Inthar (warning before a harm, a penalty or an act)

الإنذار

Inthar is informing and warning, and mostly used for warning of evil. ¹ Its ruling depends on where it is used. A blind man must be warned from falling into a well; unbelievers who have not heard the call must be warned before fighting; an apostate is recommended to be given three days to repent; a rebellious wife may be admonished; and warning is forbidden where it causes greater harm. ² It is a right of every Muslim within commanding right and forbidding wrong, and the officer of hisba is bound to it. ³⁴

Definition

Inthar is informing a person of a matter; it is most often used for warning and frightening of what is evil. ¹ It differs from i'dhar (the judge asking the one bound whether he has anything that cancels the liability), from nabdh (informing an enemy that a truce is ended), and from munashada (warning with an appeal). ¹²

Ruling

Obligatory: warning a blind man from falling into a well; warning unbelievers who have not heard the call before fighting; warning an apostate, in the view of those who require it. ²
Recommended: calling unbelievers who have heard the call to Islam; giving the apostate three days to repent; warning the imam in prayer when he intends to leave what is recommended. ²
Permitted: admonishing a rebellious wife by words or otherwise, or warning the owner of a leaning wall. ²
Forbidden: where the warning causes greater harm than the wrong it prevents. ²

Means

Warning is by speech, as in admonishing disputants, asking an apostate to repent, or calling unbelievers to Islam; it is by act where speech is not allowed in prayer, such as a gesture to warn of a scorpion; and by hand for one who has the power. ³

Who may warn

Warning is mostly a warning of harm or of what is not lawful, and every Muslim has the right to it within commanding right and forbidding wrong, which is a communal obligation. It is an obligation for the officer of hisba, and the husband, teacher and father hold a right of hisba. ³⁴

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3466

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3467

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3468

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3469

Ada' al-dayn (paying a debt: its ruling, the manner of payment, insolvency and the debts of the dead)

Paying a debt in the form owed is obligatory by consensus. A debt due now must be paid on demand when the debtor can pay; a deferred debt is not due before its term. Payment is made in like items, with value owed where there is no like; a better payment is allowed when unconditioned. Remission, gift, assignment, set-off and settlement take the place of payment. A solvent debtor who refuses is compelled, imprisoned and his apparent property sold; the majority hold that a bankrupt is put under interdiction and his property divided among creditors, against Abu Hanifa. The insolvent is given respite, and his debt may be paid from zakat if he borrowed for himself in a lawful matter. A dead person's debt attaches to his estate and takes precedence over bequests and inheritance.