Transfer of debt and query regarding debt being cancelled
Question
I owe Paul money from a loan I took from him and Paul owes Fatih money for a job. I told Paul I will pay Fatih $3000 and Paul deducted that from my loan. However, when I went to pay Fatih, I called him on the phone and told him that I am coming to drop the $3000 to him, he told me that “keep it and do some business with it and if you die, I forgive you.” I feel that Fatih pretty much gave me the money. Is this a valid transaction?
بسم الله الرحمن الرحیم
Answer
If Fatih is alive, you should ask him if he had cancelled what you owed him or not, and act accordingly.
If Fatih has passed away, you owe $3000 to his heirs unless it is written in his bequest or there is some other proof that he cancelled what you owed him. If the bequest mentions this and the $3000 is less than one third of his estate and you are not among his heirs, then this is valid.
The sentence quoted in the question is not sufficient to cancel what you owe him, because the final phrase “if you die, I forgive you” indicates that he retains ownership and he merely allowed you to use the money.
عن أبي هريرة رفعه: مطل الغني ظلم، ومن أتبع على ملي فليتبع، رواه البخاري (٢٢٨٨). وقال القدوري في مختصره (ص ١٢٠): الحوالة جائزة بالديون، وتصح برضا المحيل والمحتال له والمحال عليه، انتهى۔
Allah knows best
Yusuf Shabbir
6 Dhū al-Ḥijjah 1446 / 2 June 2025
Approved by: Mufti Shabbir Ahmed and Mufti Muhammad Tahir
