الصلح على الإقرار

is subdivided into two types: صلح الإبراء - forgiveness صلح المعاوضة - compensation 1.1: صلح الإبراء Reconciliation through Forgiveness: This type of reconciliation occurs when one party acknowledges a debt or asset owed to the other party and agrees to forgive part of the debt or asset, while accepting the remainder. It is regarded as a partial forgiveness of the debt through the reconciliation process. Such a reconciliation is valid, provided that the party relinquishing the right has the legal capacity to do so, and there are no conditions attached to the acknowledgment of the debt. Evidence: Ka‘b ibn Mālik (may Allāh be pleased with him) once demanded repayment of a debt owed to him by a man during the time of the Messenger of Allah (ﷺ) in the mosque. Their voices grew loud until the Messenger of Allah (ﷺ) heard them from his house. He then came out to them and called, "O Ka‘b!" Ka‘b responded, "At your service, O Messenger of Allah." The Prophet (ﷺ) gestured with his hand, indicating, "Forgive half of the debt." Ka‘b replied, "I have done so, O Messenger of Allah." The Prophet (ﷺ) then said, "Stand up and settle his debt." [Agreed upon] 1.2. صلح المعاوضة Reconciliation by Compensation: This involves reconciling the acknowledged right for something of a different nature. For instance, if a person acknowledges a debt or a specific asset, they may then reconcile by agreeing to receive compensation in a different form. This is similar to a sale agreement. If the reconciliation involves the use of a benefit, then it is treated like a lease (i.e., rental agreement). NOTE: If a reconciliation is made by exchanging one currency for another, it is considered as الصرف (currency exchange), and the rules of الصرف apply. If the reconciliation involves exchanging currency for something other than currency, it is considered a ييع, and the rules of بيع apply. If the reconciliation is made in the form of a benefit, such as allowing someone to live in their house, it is considered a lease, and the rules of إجارة apply. 1.2 الصلح مع الإنكار Reconciliation with Denial: This type of reconciliation is valid if the defendant believes the claim is invalid and thus pays the amount to end the dispute and avoid swearing an oath. The claimant, who believes their claim is valid, accepts the money as compensation for their established right. EXAMPLE: A man claims that another person owes him £1000 as a debt. The defendant responds, “I am not aware of any debt I owe you.” The claimant then intends to take the matter to court. However, the defendant, wishing to avoid litigation, offers the claimant £300 as a settlement to end the dispute. He may do so either because he wants to avoid going to court or because he fears being required to take an oath if the case proceeds. By offering this settlement, he essentially seeks to avoid the oath. NOTE: There is a difference of opinion regarding this type; however, the majority of scholars consider it valid, relying on the general principle established by the Prophet ﷺ: ((الصلح جائزٌ بين المسلمين، إلا صلحًا أحل حرامًا، أو حرّم حلالًا)) "Reconciliation is permissible among Muslims, except for a reconciliation that makes unlawful what is lawful or makes lawful what is unlawful." NOTE: Settlement based on denial is considered as ببع in relation to the claimant, as he perceives it as compensation for his property. However, for the defendant, it constitutes a discharge (إبراء) from the claim, as he pays the money to avoid taking an oath, to remove harm from himself, to end the dispute, and to protect his dignity from degradation and litigation. ------------- المسألة الثالثة: الأحكام المتعلقة بالصلح Regarding the Rulings Related to Reconciliation: 1. Reconciliation over an Unknown Right: Reconciliation can be valid even when the right being reconciled is unknown or indeterminable, such as a debt or an asset that is not clearly known.