What is the ruling on the original assignment if the original seller assigns a third party based on the buyer's liability, and the sale is then rescinded before the assignee pays?
General Chapter
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
There are two views regarding the validity of the assignment when the original seller assigns a third party based on the buyer's debt, and the sale is rescinded before payment. One view states the assignment remains valid because the buyer's obligation to the seller was discharged by the initial assignment to the third party, transforming the obligation to the third-party creditor. In this case, the buyer reverts to claiming the price from the seller, and the buyer delivers what was assigned to the creditor.
Supporting text
The second view holds that the assignment is void if the rescission occurs before payment, due to the cancellation of the underlying price debt that formed the basis of the assignment. In this scenario, the original seller reclaims his debt, and the buyer is absolved from both debts, mirroring the earlier case. If this second view is adopted, and the buyer then assigns the assignee back to the seller regarding the price, this subsequent assignment is valid, and the buyer is discharged.