What is the ruling if the creditor, after stating 'I have assigned to you' and being contradicted by the agent claiming agency, takes the money from the original debtor after the agent has already collected it?

General Chapter

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the agent collects the money from the original debtor and it is destroyed while in the agent's possession through negligence or otherwise, the agent's claim is forfeited under both interpretations of the initial dispute. If the agent was correct, they destroyed their own money; if incorrect, the mutual debts offset. If the destruction occurred without negligence, under the view favoring Wakala, the agent's right is also forfeited because their money was lost in their custody. Under the view favoring Hawala, the agent may return to the creditor for recourse, as the creditor admitted to being exonerated from the original debtor.

Supporting text

If the creditor said, 'I have assigned your debt to you' (Ahaltuka bidaynika), this confirms the debt, and any subsequent denial by the creditor is invalid.