Chapter 08- Hiwalah (Transferring the Right to Collect a Debt) and Daman (Guaranteeing Payment)

900. Abu Hurairah narrated that the Messenger of Allah said, "Lingering in repaying due debts by a wealthy person is an act of injustice. And if one of you is referred to a wealthy person (i.e, his debt is transferred to that person to pay it on his behalf), he should accept it" Agreed upon.





901. Jabir narrated, 'A man from among us died, so we made Ghusl for him and shrouded him, and we brought him to the Prophet and said, 'Shall we offer the funeral prayer (Janazah) for him?' Allah's Messenger made a few steps forward and then said, "Is he in debt?" We replied, 'Yes, two Dinars (that he owes to somebody).' The Messenger of Allah then turned away, but Abu Qatadah took upon himself the responsibility to pay the debt. We then went back to the Prophet and Abu Qatadah said, 'I shall pay the two Dinars.' The Messenger of Allah thereupon said, "Are you taking the responsibility of paying the creditor his rights? In that case the dead will be free from this obligation." Abu Qatadah said, 'Yes.' The Messenger of Allah then offered the funeral prayer for the deceased. Related by Ahmad, Abu Dawud and An-Nasa'i, Ibn Hibban and al-Hakim graded it as Sahih.





902. Abu Hurairah narrated, 'Whenever a man, who had died while being in debt was brought to Allah's Messenger he would ask, 'Has he left anything to repay his debt?' If he was told that he had left something to repay his debts, he would lead the funeral prayer for him, otherwise he would say, "Offer the funeral prayer for your brother." When Allah guaranteed His Messenger wealth through conquests, he said ,"I am closer to the believers than themselves, so if a Muslim dies while in debt, I am responsible fOr the repayment of his debt." Agreed upon.

In a version by Al-Bukhari, "Whoever dies without leaving anything to pay his debt, I am responsible ..."






903. 'Amro bin Shuaib narrated on the authority of his father on the authority of his grandfather, that the Messenger of Allah said, "No guarantee (i.e. guaranteeing another's appearance) is accepted in prescribed punishments." Related by Al-Baihaqi with a weak chain of narrators.