The ruling on transferring a debt obligation (Hawala) involving the transfer of a commodity not yet possessed.

Chapter on Selling Assets and Fruits

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 4

Open in Qurani

Primary text

Hawala (transfer of debt obligation) occurs when a person owes another a commodity, such as food from a forward sale (salam) or a loan, and directs his creditor to take possession of the food he purchased for himself. This transfer is not permissible because one cannot transfer possession of something he has not yet taken possession of himself. This issue has been previously elaborated upon in the preceding chapter.