has no right to say, “I will not accept, for the Messenger of Allah—peace and blessings be upon him—said: ‘Whoever is referred to a solvent person must follow the referral.’” He may refuse only when the person to whom he is being referred is poor, a habitual procrastinator, or a close relative whom he would find it awkward to summon before a judge. In short, if a legitimate impediment exists, it is permissible to decline the transfer; but when no such impediment is present, the Prophet ﷺ commanded that the referral be accepted, saying: “let him follow it.”
The jurists have differed over whether this is a binding duty or merely a recommendation. The Hanbalis—may Allah have mercy on them—maintain that it is obligatory: the creditor must redirect his claim once he has been validly referred to a solvent debtor. Most other scholars, however, consider it recommended rather than mandatory, arguing that a person is not required to shift his claim; he may feel, “Pursuing the first debtor is easier for me, whereas the second intimidates me and I fear confronting him,” and the like. Still, there is no doubt that accepting the referral is preferable unless a legitimate sharʿī obstacle exists. Allah is the One who grants success.