Is it permissible to divide a debt held jointly in the liabilities of debtors (dhimma)?
General Chapter
Al-Mughni
Book of Partnership
Primary text
It is prohibited to divide a debt held jointly in the liabilities of debtors because liabilities cannot be made equal or equivalent, and division necessitates equivalence. Division without equivalence constitutes a sale, and selling debt for debt is impermissible. If a division were made, and then some of the received assets perished, the one whose portion perished has the right to recourse against the other who did not suffer loss. This view is held by Ibn Sirin and al-Nakha'i.
Supporting text
A second narration permits the division because difference does not prevent division, as seen with distinct physical assets. This view is held by al-Hasan and Ishaq. According to this view, if each partner releases the other from recourse, the one whose portion perishes does not revert to the other. Division is not possible if the debt resides in a single liability (dhimmah) because division requires the separation of the right, which is not conceivable in a singular liability.