The transfer of a debt for an amount greater than the debt being transferred
Machine translationRead the Arabic original
The questioner:
May Allah reward you, Your Eminence. If the amount transferred is greater than the established debt. Yes.
The Shaykh:
Hmm?
The questioner:
If the amount transferred is greater than the established debt for which the transfer was made, on the condition that he takes only what was transferred to him and does not demand the excess.
The Shaykh:
This is permissible. If the debt being transferred is greater than the debt being transferred to, on the condition that he waives the excess; this is permissible. But if he says, "I am transferring to you part of your debt from my debt with so-and-so, and the rest remains my liability," that is not contrary to the ruling. You want 200 riyals, and I have 100 riyals with one person; I transfer 100 riyals to you, and the other 100 riyals remain my liability. This is not contrary to the ruling. It is permissible to transfer part of the right, but to transfer a large debt for a small debt and waive the excess is not permissible. This is riba (usury or interest). Yes.
Another questioner:
The method of the transfer.
The Shaykh:
Yes, he commits a sin. Yes, because he is disobedient. The Messenger (peace and blessings be upon him) said, "Let him follow, let him be patient." If he refuses, he becomes disobedient to the Messenger (peace and blessings be upon him). It is possible. It is obligatory. Yes, it is obligatory if the conditions are met. Yes.
May Allah reward you, Your Eminence. If the amount transferred is greater than the established debt. Yes.
The Shaykh:
Hmm?
The questioner:
If the amount transferred is greater than the established debt for which the transfer was made, on the condition that he takes only what was transferred to him and does not demand the excess.
The Shaykh:
This is permissible. If the debt being transferred is greater than the debt being transferred to, on the condition that he waives the excess; this is permissible. But if he says, "I am transferring to you part of your debt from my debt with so-and-so, and the rest remains my liability," that is not contrary to the ruling. You want 200 riyals, and I have 100 riyals with one person; I transfer 100 riyals to you, and the other 100 riyals remain my liability. This is not contrary to the ruling. It is permissible to transfer part of the right, but to transfer a large debt for a small debt and waive the excess is not permissible. This is riba (usury or interest). Yes.
Another questioner:
The method of the transfer.
The Shaykh:
Yes, he commits a sin. Yes, because he is disobedient. The Messenger (peace and blessings be upon him) said, "Let him follow, let him be patient." If he refuses, he becomes disobedient to the Messenger (peace and blessings be upon him). It is possible. It is obligatory. Yes, it is obligatory if the conditions are met. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 21 من 89|شرح العدة في شرح العمدة|البيوع|باب الحوالة والضمان|صالح الفوزان|الفقه|كبار العلماء — youtube.com (52:09)
The Arabic text is a machine transcription of the audio recording.
