Section: If he stipulates the solvency of the transferee, and he turns out to be insolvent, he has recourse to the transferor. A group of the Shafi'is hold this opinion. Others among them said: He has no recourse, because the Hawala is not rescinded due to insolvency if solvency was not stipulated, so it is not rescinded by it even if it was stipulated, just as if he had stipulated that he be a Muslim. This differs from a sale, as the right to rescind is established by insolvency therein without a condition, unlike the Hawala. Our view is based on the saying of the Prophet (may Allah bless him and grant him peace): "Muslims are bound by their conditions" (15). Furthermore, he stipulated something that contains the interest of the contract in a contract of exchange, so the right to rescind is established upon its failure (16), just as if he had stipulated an attribute in the item sold. Indeed, something may be established by a condition that is not established by the unqualified contract, as evidenced by the condition of an attribute in the item sold.

Section: If the creditor does not consent to the Hawala, then the transferee turns out to be bankrupt or deceased, he has recourse to the transferor without dispute; for he is not obligated to transfer to someone who is not solvent, due to the harm it causes him. The Prophet (may Allah bless him and grant him peace) only ordered the acceptance of the Hawala if transferred to a solvent person. If he transfers him to a solvent person and he does not accept until he becomes insolvent, he also has the right of recourse, according to the apparent statement of al-Khiraqi, because he stipulated as a condition for the discharge of the transferor the expression of consent by the creditor.

821 - Issue: He said: (And whoever has his right transferred to a solvent person, it is mandatory for him to accept the transfer).

The solvent (mali') is the one capable of fulfilling the obligation. It came in the hadith from the Prophet (may Allah bless him and grant him peace) [that he said] (1): "Indeed, Allah the Almighty says: Whoever lends to the solvent, not the destitute" (2). A poet said (3): You delay my dues for a long time while you are solvent... and I, O possessor of the sash, am kind in demanding repayment.

He means: capable of fulfilling my due. The apparent meaning is that al-Khiraqi intended by the term 'solvent' here the one capable of fulfillment who is neither denying nor procrastinating. Ahmad said regarding the interpretation of 'solvent', as if the solvent according to him is one who is solvent in his wealth, his word, his body, and the like.