What is the implication for the transferor (Muhil) if the debtor (Muhal 'alayh) denies the transfer, assuming a ruling where payment is not obligatory upon acknowledgment?
General Chapter
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If the ruling is that payment is not obligatory upon acknowledgment, the transferee has no recourse against the transferor. The status of the transferor is then examined: if the transferor affirms the transfer to the claimant, the transfer is established for the claimant because the consent of the debtor is not a prerequisite. If the transferor denies the transfer, he takes an oath, and the effect of the transfer is nullified.
Supporting text
If the debtor refuses to take the oath when required (Nukul 'an al-yamin), judgment is passed against him based on the refusal, and the right is recovered from him. If the transferor then admits the claimant's assertion, there is no further issue. If the transferor denies the transfer, his statement prevails, and he may recover the debt from the debtor, as the debtor admits the original debt to him, while claiming the transferee unjustly took it. The transferee's claim against the transferor remains outstanding.