Is a debtor authorized by a creditor to discharge his fellow debtors valid?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 4 · Bab 1

Open in Qurani

Primary text

If a creditor authorizes a debtor to discharge his fellow debtors, the authorized debtor cannot discharge himself. This is analogous to a situation where an agent is authorized to detain his fellow debtors; he cannot detain himself. Similarly, if the agent is authorized to litigate against them, he is not authorized to litigate concerning his own case.

Supporting text

An alternative view supports the validity of the debtor discharging himself, based on the previously mentioned reasoning.