of the two parties: those two together make up one side of the contract, while the transferor is the other.

The majority—among them the Mālikīs and the Shāfiʿīs—hold that only the transferee’s consent is required.

Imām Aḥmad, the Ẓāhirīs, Abū Thawr, and Ibn Jarīr maintain that the Prophet’s command indicates obligation; therefore, when a creditor is referred to a solvent debtor, he is duty-bound to accept the transfer.

If, however, the transfer is made to someone who is not solvent, the Ẓāhirīs judge the transaction invalid, arguing that it fails to meet the condition approved by the Lawgiver, namely solvency.

The Ḥanbalīs, by contrast, consider it valid, for the right belongs to the transferee and he has consented to the arrangement.