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The question

What is the ruling on funds that were returned after forgiving a debt without informing the debtor, and how should they be handled?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

If the forgiveness was merely an intention, then there is no objection to recovering the debt, and it is better to return it to the debtor, and if that is not possible, then to donate it in charity. But if the debt was discharged verbally, then its retraction depends on the acceptance of the debtor, and there is a difference of opinion among scholars regarding that: the majority hold that acquittal does not require acceptance and that there is no retraction from it, while the Malikis stipulate acceptance. Based on this difference of opinion, if the creditor did not inform the debtor of the acquittal, then according to the Maliki school, retraction is permissible, and according to the majority, it is not permissible. And if it is possible to return the debt to the debtor, then he should do so, and if not, then there is no objection to relying on the opinion of the Maliki school, and donating it in charity is better.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
114011
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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