بسم الله الرحمن الرحيم

Kitāb Al-Buyoo’ (Fiqh Al-Muyassar) Notes for Lesson 9 (18 Jumada Ath-Thani 1446 H - 18/1/25) Continuation... الباب السادس: الحوالة The Sixth subchapter: Transfer of Debt (Ḥawālah) المسألة الأولى: معناها وأدلة مشروعيتها Its Definition and Evidence of Its Permissibility DEFINITION LINGUISTICALLY لغة: الانتقال transition/transfer LEGISLATIVELY نقل الدين من ذمة المُحيل إلى ذمة المُحَالِ عليه The transfer of a debt obligation from the liability of the transferor (al-muḥīl) to the liability of the transferee (al-muḥāl ‘alayh). RULING It is permissible according to the Sharī‘ah and it facilitates mutual assistance, promotes shared benefits among members of the Ummah, encourages leniency, and simplifies transactions. It is narrated from Abū Hurayrah (may Allāh be pleased with him) that the Messenger of Allah ﷺ said: ((إِذَا أُتْبِعَ أَحَدُكُمْ عَلَى مَلِيءٍ فَلْيَتْبَعْ)). "If one of you is referred to a solvent person (someone who has the financial capacity to meet their obligations and repay debts when due), let him accept the referral." [Agreed upon] In another wording: ((فَلْيَحتلْ)) The meaning of this hadith: If someone is referred to a مليئ () for the debt owed to him, he should accept the ḥawālah. However, if the debtor refers his creditor to an insolvent person, the creditor has the right to reclaim his debt from the transferor, as insolvency constitutes a defect, and the creditor did not consent to it. Thus, the right of recourse is valid. PILLARS Al-Iḥālah relies on four pillars: 1. The Transferor (المُحيل): The original debtor 2. The Transferee (المُحال عليه): The person assigned with the responsibility of settling the transferred debt 3. The Creditor (المُحْتال): The creditor of the transferor 4. The Subject of the Ḥawālah (المُحال به): The debt being transferred ----- المسألة الثانية: في شروط صحتها Conditions for Its Validity For a ḥawālah to be valid, the following conditions must be met: 1. Consent of the Transferor (المُحيل): The transferor has discretion in choosing the means of settling the debt, and cannot be compelled to select a specific method. 2. Equivalence of the Two Debts in Amount, Type, Description (الجودة - المؤثرة في الثمن) and Time: The debt being transferred (المُحال به) and the debt against which it is transferred (المُحال عليه) must be identical in value, type, and characteristics. 3. The Transferred Debt Must Be Established and Settled in the Liability of the Transferee BENEFIT: Liabilities/debts can be categorised into two types: 1. Stable Debt دين مستقر: Debt that is definitive and not subject to forfeiture. 2. Unstable Debt دين غير مستقر: Debt that is uncertain and subject to forfeiture. Examples of Unstable Debts include 1. The Mahr of a bride Before Consummation: The woman is entitled only to half of the mahr if divorced before consummation [Surah Al-Baqarah: 237]. However, if consummation occurs, the full mahr becomes definitive. 2. The Period of Option Between Buyer and Seller: During the period of contractual option, the debt remains unsettled. 3. Salam Debt: A debt arising from a salam contract also falls under unstable debts. OUTCOME Upon the conclusion of a valid ḥawālah, the right of claim transfers from the liability of the transferor to the liability of the transferee. NOTE: The authors cited Bank Transfers and Bills of Exchange (Sāftajah) as examples of modern applications of Ḥawālah. However, this is inaccurate, as they do not align with the essential characteristics of Ḥawālah. _______ الباب السابع: الوكالة The Seventh subchapter: Agency المسألة الأولى: تعريفها، وحكمها، وأدلة مشروعيتها Definition, Ruling, and Evidence of Its Permissibility DEFINITION: LINGUISTICALLY لغة: التفويض والحفظ. It refers to delegation and preservation. BENEFIT: You can say wakālah & wikālah (both pronunciations are correct).