The ruling on reclaiming a debt after the creditor has released the debtor from it
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. A person borrowed ten thousand riyals from me. Then I saw that he was in need and had no ability to repay, so I informed him that I had released him from the debt and gifted him this loan. However, he refused out of his own pride. Then, after several years, he returned it to me. The question is: Is it permissible for me to take it and possess it, or would I be like one who reclaims a gift? I heard that if one gifts a debt that is in the debtor's liability and the debtor refuses it, the creditor does not reclaim it.
Answer:
The one who gives the gift does not reclaim this debt. Because its being in his liability is equivalent to taking possession, and it is not permissible to revoke a gift after it has been taken possession of.
He says: Honorable Shaykh, may Allah grant you success. A person borrowed ten thousand riyals from me. Then I saw that he was in need and had no ability to repay, so I informed him that I had released him from the debt and gifted him this loan. However, he refused out of his own pride. Then, after several years, he returned it to me. The question is: Is it permissible for me to take it and possess it, or would I be like one who reclaims a gift? I heard that if one gifts a debt that is in the debtor's liability and the debtor refuses it, the creditor does not reclaim it.
Answer:
The one who gives the gift does not reclaim this debt. Because its being in his liability is equivalent to taking possession, and it is not permissible to revoke a gift after it has been taken possession of.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1553 -2802] حكم استرداد الدين بعد إبراء المدين منه - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
