What is the recourse for a *Muktib* who paid the debt of another *Muktib*?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
When the paying *Muktib* seeks reimbursement from the beneficiary *Muktib*, consideration is given to his original intent. If he intended the payment as a voluntary gift to the beneficiary, he cannot seek recourse. If he paid with the intention of seeking reimbursement, and the payment was made with the beneficiary's permission, the payment is considered a loan (*qard*), obligating the beneficiary to repay it as if he had borrowed it directly. If the payment was made without the beneficiary's permission, the payer cannot seek recourse, as it constitutes a voluntary gift of a debt that was not legally binding upon the payer. This distinguishes such an act from the settlement of other debts.
Supporting text
If the payment was made with the beneficiary's permission and the beneficiary demands reimbursement, the claim of the payer takes precedence over the payment of the *Kitaba* (manumission contract) debt, similar to all other debts. If the payer is unable to recover the amount, the ruling on his situation is the same as for all other debts. This entire discussion is the doctrine (*madhhab*) of Al-Shafi'i.