Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

hawâla, will have to be indebted to the person receiving the hawâla;
in other words, the person who has been transferred, i.e. the second
person, who has received the hawâla, will have to be a creditor of
the first person. The third person, i.e. the one who has accepted the
hawâla, may or may not be indebted to the first person.
There are three kinds of hawâla:
1– Mutlaq hawâla is the one in which it is not stated that the
third person, i.e. the person who accepts the hawâla, is indebted to
the first person, i.e. the one who has given the hawâla, or that the
third person is in possession of something, such as a vedî’a, that
belongs to the first person. If the first person has not stated that the
third person is indebted to him or that the third person possesses
a vedî’a belonging to him, though it is the case, both the person
who has received the hawâla and the one who has given it will have
the right to demand their due from him.
2– A hawâla given on the understanding that the payment will
be made from the money that the person who accepts the hawâla
owes to the first person.
3– A hawâla given on the understand that the payment will be
made from something that the first person entrusted to the third
person for safekeeping or from something the latter has extorted
from the former. Bank cheques given to the creditor are of this sort.
If, in the second or third kind of hawâla, it is found out that the
person who accepts the hawâla does not possess something owed
to the one who has given the hawâla, or if the vedî’a he has been
keeping has perished, the hawâla becomes bâtil (null and void). In
case the hawâla has been sahîh, the person who has accepted the
hawâla will have to pay the debt only to the second person, who
has received the hawâla; otherwise, i.e. if he pays the debt to the
one who has given the hawâla, he will have to compensate the
person who has received the hawâla, (i.e. the second person,) for
it. After the compensation, he will (have the right to) demand it
from the person, (the first person,) who has given the hawâla.
Once the hawâla has been accepted (by the third person), the
person, (the first person,) who has given the hawâla, will no longer
(have the right to) demand his due from the person who has
accepted the hawâla. Nor will it be permissible for him to donate
it as a present to him.
A hawâla may be arranged by way of an agreement between
only two of the people involved, i.e. the giver and the recipient, or
the giver and the acceptor, as well as among all three of them, i.e.
– 399 –