What is the ruling on payment when someone claims to have been assigned the debt by the creditor (Hāwil)?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a person claims that the creditor has assigned the debt obligation to them, and the debtor confirms this assignment, there are two views. One view states that payment is not obligatory because paying the assignee does not discharge the debt, due to the possibility that the assignor might later deny the assignment or hold the debtor responsible. This view likens the assignee to one claiming agency (Wukālah). The second view states that payment is obligatory because the debtor acknowledges that the right belongs to someone other than the original creditor, thus resembling the case of the heir.

Supporting text

If the ruling is that payment is obligatory upon confirmation (of the assignment), then an oath is required upon denial. Conversely, if payment is not obligatory upon confirmation, an oath is not required upon denial, as it would serve no purpose. This latter position aligns with the school of thought of Al-Shafi'i.