What is the consequence if solvency of the assigned party was stipulated but he turns out to be insolvent?
General Chapter
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If the solvency of the assigned party was stipulated and he turns out to be insolvent, recourse is made to the assignor, supported by some Shafi'i scholars. This is supported by the Hadith: 'Muslims are bound by their conditions.' Since a condition was set for the benefit of the contract in an exchange, its failure necessitates rescission, similar to stipulating a quality in the sold item where failure to meet it allows for annulment, even if annulment is not allowed otherwise.
Supporting text
Other Shafi'i scholars maintain no recourse, arguing that assignment is not revocable due to insolvency if solvency was not stipulated, just as it is not revocable if stipulated, unlike a sale where insolvency allows rescission without stipulation.