Passing over of debts to someone else

Passing over of debts to someone else

You owe money to Shafi’ah while Rabi’ah owes you money. Shafi’ah asked you for the money which you owe her. You reply: “Rabi’ah is owing me some money. Take the money which I owe you from her and do not ask me.” If Shafi’ah agrees to this there and then, and Rabi’ah also agrees to this, then you are absolved from the responsibility of your debt to Shafi’ah. Shafi’ah cannot ask you for the money; she will have to ask Rabi’ah, irrespective of when she receives the money. Furthermore, the money that you have asked Shafi’ah to collect from Rabi’ah, you cannot claim that amount from Rabi’ah. However, if Rabi’ah is owing you more than what you were owing Shafi’ah, you can claim the balance from Rabi’ah. If Rabi’ah pays the money to Shafi’ah, well and good. But if she did not pay and passes away, then Shafi’ah will be paid after selling all her (Rabi’ah’s) personal belongings. If Rabi’ah did not leave behind any wealth or possessions or, while she was alive she denied owing you any money, took an oath that she owes no money to you, and there are no witnesses in this regard as well, then in such a case Shafi’ah can ask you for the money that you owe her and can also demand it from you.

If in the very beginning you ask Shafi’ah to take the money from Rabi’ah and she does not agree, or Rabi’ah herself is not happy about giving the money to Shafi’ah, then this debt has not fallen off your shoulders (i.e. you are still responsible to pay Shafi’ah her money).

Rabi’ah was not owing you any money. However, you passed on your debt (money which you were owing to Shafi’ah) to Rabi’ah. Rabi’ah accepted this and Shafi’ah also agreed. Even in such a case your debt to Shafi’ah will be passed over to Rabi’ah and she will be responsible to fulfil it. Therefore, all the above-mentioned rules will also apply over here. After fulfilling the debt on your behalf, Rabi’ah can claim that money from you. However, she does not have the right to claim that money before she can fulfil it on your behalf.

You had kept some money with Rabi’ah as an amanah. You therefore passed over your debt (money which you were owing to Shafi’ah) to Rabi’ah. Thereafter, that money which was with Rabi’ah got lost or disappeared in some way or the other. Rabi’ah is no longer responsible. Instead, Shafi’ah will demand the money from you and take it from you. Now she has no right to demand or take the money from Rabi’ah.

If you pass over your debt to Rabi’ah and thereafter you yourself fulfil this debt and pay the money to Shafi’ah, this will be valid. Shafi’ah cannot refuse to accept the money from you and insist on taking it from Rabi’ah.