حَدَّثَنَا مُحَمَّدُ بْنُ بَشَّارٍ، حَدَّثَنَا عَبْدُ الرَّحْمَنِ بْنُ مَهْدِيٍّ، حَدَّثَنَا سُفْيَانُ، عَنْ أَبِي الزِّنَادِ، عَنِ الأَعْرَجِ، عَنْ أَبِي هُرَيْرَةَ، عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ ‏"‏ مَطْلُ الْغَنِيِّ ظُلْمٌ وَإِذَا أُتْبِعَ أَحَدُكُمْ عَلَى مَلِيٍّ فَلْيَتْبَعْ ‏"‏ ‏.‏ قَالَ وَفِي الْبَابِ عَنِ ابْنِ عُمَرَ وَالشَّرِيدِ بْنِ سُوَيْدٍ الثَّقَفِيِّ ‏.‏
Translation
Narrated Ibn 'Umar

That the Prophet (ﷺ) said: "Procrastination (in paying a debt) by a rich person is oppression. So if your debt is transfered from your debtor you should agree, and do not make two sales in one sale."

[Abu 'Eisa said:] The Hadith is the Abu Hurairah (no. 1308) is a Hasan Sahih Hadith. And its meaning is that when the debt of one of you is transferred then agree. Some of the people of knowledge said when a man is offered to transfer his debt to a rich man and he does so, then the transferor is free of it, he is not to seek its return from the transferor. This is the view of Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge said: "When this wealth could not be collected due to bankruptcy of the one it was transferred to, then he may seek its return to the first one." They argue this view with the saying of 'Uthman and others, when they said: "There is nothing due on a Muslim's wealth that is lost." Ishaq said: "The meaning of this Hadith: 'There is nothing due on a Muslim's wealth that is lost' this is when a man transfers it to another whom he thinks is wealthy, then he becomes bankrupt, so there is nothing due on the Muslim's wealth that is lost."

Comment

The Book on Business - Jami' at-Tirmidhi

Hadith Reference: Jami` at-Tirmidhi 1309

Hadith Text

That the Prophet (ﷺ) said: "Procrastination (in paying a debt) by a rich person is oppression. So if your debt is transfered from your debtor you should agree, and do not make two sales in one sale."

Scholarly Commentary

This noble hadith establishes two fundamental principles of Islamic commercial law. Firstly, it prohibits the rich debtor from unjustly delaying payment, as this constitutes financial oppression (dhulm) against the creditor.

Secondly, it addresses the practice of hawalah (debt transfer), wherein a creditor's right is transferred from the original debtor to a third party. The Prophet's command to "agree" indicates the permissibility and recommended nature of such transfers when proposed.

Legal Rulings

The majority of scholars including Imam al-Shafi'i, Ahmad, and Ishaq hold that once a valid debt transfer occurs to a solvent person, the original debtor is completely absolved of responsibility. The creditor must now seek payment exclusively from the new debtor.

Some scholars permitted recourse to the original debtor if the transferee becomes bankrupt, citing the principle "There is nothing due on a Muslim's wealth that is lost." However, this represents a minority position.

Prohibition of Two Sales in One

The final prohibition against "two sales in one sale" refers to ambiguous transactions where the terms of sale are unclear, potentially leading to dispute and riba (usury). This safeguards commercial transactions from uncertainty and deception.