Under what conditions can a third party seek recourse after settling a claim on behalf of a defendant?
General Chapter
Al-Mughni
Book of Settlement
Primary text
If the third party settles with the defendant's permission, they act as the defendant's agent, and agency in this matter is permissible; thus, if they pay on the defendant's behalf with permission, they have recourse against them. This is the view of Al-Shafi'i. If the third party pays without permission acting voluntarily, they have no recourse. If they pay expecting merit (ihtisab) while intending recourse, this falls under the established difference of opinion concerning repayment of another's debt without permission, because the obligation to pay was established by the settlement contract itself. This differs from settling and paying without permission when the payment was not otherwise obligatory upon the defendant.
Supporting text
Those who permit recourse maintain that the payer stands in the position of the claimant against the defendant, but there is no basis for requiring recourse for what was paid absolutely, because at most, one who pays another's debt takes the place of the creditor, and here the claimant had no established right, nor was payment due to them; only the right to file a claim was established.