The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No.1954- If a debtor refers his creditor to collect his debt from a third person, and the creditor accepts the arrangement, the third person will become the debtor, and the first debtor is released from the debt.

Issue No.1955- The debtor, the creditor and the person to whom collection is referred, should be mature and sane, and no one should have coerced them, and they should not be mentally incompetent, or be prevented from having discretion over their properties. However, there is no harm if a person who has been prevented from having discretion over his properties transfers the debt to a person to whom he is not indebted.

Issue No.1956- If one refers his creditor to a person who is indebted to the former, it is necessary for him to accept it, but if he refers to a person who is not a debtor to him, it is not necessary for him to accept it. However, if one refers his creditor to a person who is indebted to the former but not the same commodity, for example, one who is indebted 100 kgs of wheat, refers the creditor [to his debtor] to get 100 kgs of barley instead, this will be in order, if the creditor accepts this referral.

Issue No.1957- A referral will be in order if a person is actually a debtor at the time he transfers the debt. Therefore, if a person intends to take a loan from someone in the future, he cannot transfer the prospective debt in advance to another party.

Issue No.1958- The transferor and the creditor should specify the quantity of the transfer and its type, and if they do not do so, the transfer will be void. Hence, if the debtor tells the creditor to collect either one of his two debts from a certain person, that transfer will not be valid.

Issue No.1959- If the debt is really specified, but the debtor and the creditor do not know its quantity or category at the time of assigning the transfer, the transaction is in order. For example, if a person has recorded the debt he owes to someone in his notebook, assigns a transfer of debt before checking the notebook, and later, after consulting his records, informs the creditor about the quantity of his debt, the transfer is in order, provided that the approximate amount of the debt is known.

Issue No.1960- The creditor may decline to accept the transfer of debt, whether the person to whom the transfer is made is rich or poor, good pay or poor pay.

Issue No.1962- Neither the transferor nor the creditor may revoke the transfer agreement. However, in case the person to whom the referral is made was poor at the time it was issued, and the creditor did not know this, the creditor can cancel the transfer. However, if he became poor later, or he was poor at first and the creditor knew it, the creditor cannot cancel the transfer.

Issue No.1964- Mortgage means that a debtor deposits some of his property with the creditor so that, if the debtor does not repay the debt, the creditor may retrieve his debt out of that property.

Issue No.1965- The mortgage agreement can either be pronounced verbally, for example, if the debtor says, “I leave this property as mortgage with you against that debt” and the creditor also says, “I have accepted it”, or that the debtor gives his property to the creditor with the intention of providing security for the debt and the creditor takes it with the same intention, the mortgage is in order.

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Issue No.1966- The mortgagor and the mortgagee should be mature and sane, and should not have been coerced by anyone. Moreover, they should not be mentally incompetent, or a bankrupt person who is prohibited from having discretion over his properties by the Islamic judge.