Is Hawalah a sale or an independent contract?

Question:
The Shaykh said: You mentioned that scholars differed on whether hawalah is a sale or not? What is the opinion?

Answer:
Our position is that it is not a sale. The stronger view is that it is not a sale, but rather an independent contract. An independent contract that is not called a sale. This is the stronger view. And if it is called a sale, this is an exception. This is an exception, as Ibn al-Qayyim (may Allah have mercy on him) says. Therefore, some scholars say that hawalah is outside the scope of analogical reasoning (qiyas).
Outside the scope of analogical reasoning? Imam Ibn al-Qayyim says no; hawalah is an independent contract and is not outside the scope of analogical reasoning. It is not a sale, but rather the transfer of a debt from one person’s liability to another’s liability only. It is not a sale; it is a contract of facilitation. A contract of facilitation where the purpose is not investment, but rather to facilitate transactions and assist in fulfilling obligations. Yes, that is right. Yes. It is an exception to the sale of an absent item for a present one. But it is not a sale, yes. Yes.