Is the person who ordered another to give money to a third party liable to reimburse the giver?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If a person commands another, "Give so-and-so a thousand," and the action is executed, the commander is not liable for reimbursement to the giver, nor is this considered a guarantee or surety unless the commander explicitly stated, "Give it on my behalf." The rationale is that the command alone did not establish a guarantee obligation, similar to cases where the recipient was not a partner (Khalit).
Supporting text
Abu Hanifa holds that the commander is liable for reimbursement if the recipient was his business partner (Khalit), based on the custom that borrowing from a partner is understood. Furthermore, if the recipient owed the commander money, and the commander told him to give it to a third party, reimbursement is due, not due to the instruction itself, but because the recipient was settling an existing debt obligation.