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21. Transfer of Debt (Ḥawālah)

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  • Ruling 2308

    If a person refers his creditor to someone to get the money he is owed and the creditor accepts to do this, then, if the transfer agreement is concluded in accordance with the conditions that will be mentioned …

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  • Ruling 2309

    The debtor, creditor, and the transferee must be of the age of legal responsibility (bāligh), sane (ʿāqil), and no one must have compelled them [to enter into the transfer of debt agreement]. Furthermore, they must not be foolish …

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  • Ruling 2310

    In all cases of transfer of debt, [in order for the transfer to be valid (ṣaḥīḥ),] the transferee must be willing to accept the transfer, whether he is indebted or not.

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  • Ruling 2311

    When a person makes the transfer, he must be indebted. Therefore, if he wishes to obtain a loan (qarḍ) from someone, then until he does not obtain the loan from him, he cannot refer him to someone else …

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  • Ruling 2312

    The type and amount of the debt being transferred must in fact be specified. Therefore, if a person owes a quantity of wheat (say, 10 kilograms) and an amount of money (say, £10), and he says to the …

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  • Ruling 2313

    If the debt is actually specified but at the time of making the transfer the debtor and the creditor do not know the amount or type of it, the transfer is valid. For example, if someone’s debt is …

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  • Ruling 2314

    A creditor reserves the right to refuse a transfer of debt, even if the [proposed] transferee is wealthy and would not be negligent in paying the debt.

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  • Ruling 2315

    If a person who is not indebted to the transferor accepts the transfer of debt to himself, he can claim the amount of the debt from him before paying it. This is unless the debt that has been …

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  • Ruling 2316

    Once a transfer of debt has taken place, the transferor and the transferee cannot annul the transfer. And if the transferee is not poor (faqīr) at the time of the transfer, even though he may have become so …

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  • Ruling 2317

    If a debtor, creditor, and transferee, or one of them, reserves the right to annul the transfer of debt, he/they can annul the transfer in accordance with their agreement.

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