What is the fourth condition for a valid assignment of debt?
General Chapter
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
The fourth condition is that the assignment must be made with the consent of the assignor, because the liability rests on him, and he cannot be compelled to pay from the assigned party's liability based on the original debt. There is no dispute on this. When the conditions of assignment are met and it is valid, the liability of the assignor is discharged, according to the general opinion of the jurists.
Supporting text
There is a narration from Al-Hasan that he did not consider assignment a discharge unless accompanied by explicit remission. Zufar was of the opinion that assignment does not transfer the right but acts as a guarantee, which is incorrect because assignment derives from the transfer of the right, unlike guarantee which derives from joining liabilities. If the right is established to have transferred, and the assignee accepted without stipulating solvency, the right never returns to the assignor, regardless of whether fulfillment is possible or obstructed by default, bankruptcy, or death.