Explaining that the *mali'* is the one capable of fulfilling his obligation with his wealth, his word, and his person, with evidence.
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The Shaykh : When we say that the *mali'* is the one capable of fulfilling his obligation with his wealth, his word, and his person, what does "capability with wealth" mean? Capability with wealth means that the person upon whom the debt is transferred has wealth sufficient to pay. Capability with word means that the person upon whom the debt is transferred is not a delayer. If he is a delayer, then the one to whom the debt was transferred is not obligated to transfer it to him, because the delayer causes him hardship. And capability with person means that it is possible to demand payment from him and bring him to the court of judgment. If it is not possible to demand payment from him or bring him to the court of judgment, then the one to whom the debt was transferred is not obligated to transfer it to him. An example of this is: a person transfers a debt to you, but this person is known for his arrogance and harshness. If you went to him and spoke to him, and he said, "I will not give it to you now, nor after a month, nor after two months," then I cannot demand it from him because I fear his harm. In this case, I am not obligated to transfer the debt to him, because that would be a harm to me. For this reason, the Prophet (peace and blessings be upon him) stipulated in the matter of transferring debt that the person upon whom the debt is transferred must be *mali'*.
