Is a discharge from an unknown obligation valid?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
Discharge from an obligation concerning an unknown party is valid, provided there is no means to ascertain their identity. The Hanafi school maintains that this discharge is valid absolutely, without qualification. The basis for validity includes the prophetic tradition where the Prophet, peace be upon him, instructed two men disputing inherited property where records were lost to divide it, aim for fairness, cast lots, and then reconcile. Furthermore, since it is a relinquishment, it is valid for the unknown, similar to manumission or divorce, and like explicitly stating a discharge from an amount ranging from a dirham to a thousand. Necessity compels the discharge of one's liability when one cannot ascertain the exact amount owed, and making such discharge conditional upon knowledge would block the human capacity for pardon among Muslims.
Supporting text
Al-Shafi'i holds that discharge from an unknown amount is invalid unless the discharger specifies a range, such as 'from a dirham to a thousand dirhams,' arguing that accepting the lump sum removes the element of risk (gharar) that invalidates the transaction. Furthermore, if the debtor knows the exact amount owed but conceals it from the creditor for fear the creditor would not agree to forgive it upon knowing, the discharge should not be valid due to potential deception toward a buyer and the possibility of safeguarding against it.