What is the ruling if a debtor settles an obligation of one thousand due immediately by agreeing to pay half of it later?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a debtor settles an obligation of one thousand due immediately by agreeing to pay half of it later, and he does this voluntarily and as a gratuitous act, the forfeiture is valid, and the deferral does not become binding. This is because a present obligation cannot be deferred, and the act of forfeiture itself is valid.

Supporting text

If the debtor performs this settlement to prevent the creditor from seizing his due assets without it, or if this condition is stipulated within the payment agreement, nothing is waived.