What is the ruling on a settlement made by a third party concerning a specific asset (*ʿayn*)?
General Chapter
Al-Mughni
Book of Settlement
Primary text
If the settlement concerning an asset is made with the defendant's permission, it is treated as if the defendant made the settlement directly, as the agent takes the place of the principal. If it is made without the defendant's permission, it constitutes redeeming the defendant from the litigation and absolving them from the claim, which is permissible. In both scenarios where the settlement is made without the defendant's permission, the third party has no right to recourse against the defendant because they paid something that was not legally obligatory for the defendant to pay.
Supporting text
Some scholars, including Al-Qadi and Abu Al-Khattab, related this to the established difference of opinion regarding whether one can repay a confirmed debt without permission. However, this analogy is deemed weak because the obligation of the asset claim to the claimant is not established, thus there is no liability for the defendant to pay it to another party; rather, the payer acted as a volunteer, similar to making charity on someone's behalf.