What is the ruling if the creditor transfers the debt obligation of one thousand to both debtors simultaneously, allowing the creditor to recover from either or both?
General Chapter
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
The transfer is valid according to the judge because no advantage exists concerning the type of debt, maturity date, or quantity. This setup is merely an increase in security or assurance. This does not invalidate the transfer, similar to transferring debt from an insolvent person to a solvent one.
Supporting text
Some Shafi'i scholars rule that the transfer is invalid because an advantage has been introduced, as the creditor benefits from the option to recover from both or either one, which resembles transferring a debt of two thousand to one person, allowing recovery from either of two parties, each owing one thousand.