What is the ruling on discharging a debt when one believes nothing is owed, but a debt actually exists?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
If a person discharges someone from an amount, believing they owe nothing, but a debt of that amount actually exists, there are two differing opinions on the validity of the discharge. One view holds that the discharge is valid because it occurred when the amount was his property, thereby extinguishing it, similar to when the debt was known. The second view maintains that it is invalid because the discharge was made concerning something not believed to be owed, meaning it was not a true discharge in reality.
Supporting text
The basis for these two views parallels the disagreement over the validity of selling property belonging to an ancestor, where the seller believes the ancestor still owned it, while in reality, it has already transferred ownership to the seller. Al-Shafi'i also holds two differing opinions regarding sale and the validity of discharge in this context.