What is the ruling if the creditor rejects the transfer of debt (hawala) but the debtor (the one to whom the debt is transferred) is later found bankrupt or deceased?

General Chapter

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the creditor does not accept the transfer (hawala), and subsequently the person upon whom the debt was transferred (al-muhal 'alayhi) is found bankrupt or deceased, the original creditor reverts to claiming against the original debtor (al-muhil). There is no disagreement on this ruling because the creditor is not obligated to accept a transfer to someone who is not solvent (mali'), due to the harm involved. The Prophet, peace be upon him, commanded acceptance of the transfer only when it is to someone solvent.