Back to search
The question

Is it permissible to consider the additional amount paid in the second debt as a payment towards part of the first debt, especially since the additional amount is less than the first debt?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

What we understand is that the person returned the money to fulfill the second debt, not the first. If your first debt is due and legally established, and he is solvent enough to pay it, then there is no impediment to holding onto the amount as part of your debt. However, you must inform its owner to clear his conscience of this portion, so he does not demand it thereafter. Al-Bukhari said: "Chapter: Retribution for the wronged person if he finds the property of his oppressor." Ibn Sirin said: "He may retaliate against him," and he recited: ﴿AND IF YOU PUNISH [AN ENEMY], PUNISH WITH AN EQUIVALENT OF THAT WITH WHICH YOU WERE HARMED﴾ [An-Nahl: 126].

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
168162
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy