his consent is not taken into consideration. But if it is to an insolvent person, his consent is taken into consideration. This is the well-known position in the madhhab of Imam Ahmad, and it is the view followed by the author, based on the understanding that the command in his saying, “then let him accept the transfer,” is obligatory. Accordingly, the transferee may be compelled to accept the transfer, and the transferor is discharged of liability if the person upon whom the transfer is made is solvent.

Most scholars, however, hold that his consent must be considered even if he is transferred to a solvent person. They say that the Prophet’s command in his saying, “then let him accept the transfer” (1), is one of recommendation, not obligation, because it is part of proper conduct in seeking one’s due. I incline to this view: accepting the transfer is not obligatory, because he is the holder of the right. You may perhaps transfer me to a solvent person—one able to fulfil the debt through his word, wealth, and person, and whom I can summon before the court—yet he may hold a position of respect in my eyes: he may be a brother, relative, friend, or a person of honour and standing. How, then, can you compel me? Or the opposite may be the case: I do not wish to lower myself to the level of dealing with such a foolish person, for example.

The correct view, therefore, is that the transferee’s consent is necessary, whether the transfer is to a solvent person or an insolvent one. This is the view of the majority of scholars.

“And if he is insolvent, and the transferee had not consented, he may recover it from him. Whoever is transferred the price of an item sold, or a transfer is made to him concerning it, then the sale proves invalid, there is no transfer. But if the sale is rescinded, the transfer is not invalidated. Both parties may make a transfer.”

His statement, “And if he is insolvent,” means: the person upon whom the transfer is made.

His statement, “and the transferee had not,” means: the transferee.

His statement, “consented,” means: consented to the transfer upon him.

His statement, “he may recover it from him,” means: he may recover that which was transferred.

For example, you transfer someone to Zayd, then it becomes clear that Zayd is insolvent; in that case, he may recover it, because the person to whom he was transferred was insolvent. But if the transferee consented,