Is a settlement (*ṣulḥ*) made by a non-party (*ajnabī*) on behalf of a defendant concerning a wrongful claim valid?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 1 · Bab 1

Open in Qurani

Primary text

A settlement made by a third party on behalf of the defendant regarding a wrongful claim is valid, regardless of whether the third party admits the claimant's assertion of the claim or not, and whether this was done with or without the defendant's permission. The view held by the associates of Al-Shafi'i states that the settlement is only valid if the third party affirms the truthfulness of the claimant's assertion. This is contingent upon the ruling regarding the settlement of a wrongful claim, which has already been addressed.

Supporting text

The associates of Al-Shafi'i stipulate that the validity of the settlement requires the third party to affirm the claimant's truthfulness.