The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No.1951- If a person purchases some clothes, and then pays the owner with the money earned from usury, or with halal money mixed with usury money, and if at the time of purchasing it, his intention was to pay for it from such money, it is not allowed to wear those clothes and perform prayer in them. However, if at the time of buying he did not intend to do so, but later on such an intention came to his mind, then the prayer offered while wearing such clothes is correct, yet since he paid the owner of the clothes with haram money he is still indebted to him.

Issue No.1952- One can give a sum of money to another person so that he may get less from his representative in another city and this is as if a person has exempted another from a portion of his dues to him. However, if he gives some money with the condition that after some time, he will take a larger amount from him in another town or city, for example, he gives £1000.00 to him and receives £1100.00 from him in another town, it is usury and haram.

Issue No.1953- If a debtor dies, all his debts should be paid (though the due time for repayment has not arrived) and the creditors can claim their debts.

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.