Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

person given the bond, gives the bond to a creditor of his, that
creditor has now been transferred to the person who has prepared
the bond. This second hawâla is not permissible, either. For, as the
bond travels from one hand to another, the creditors substitute for
one another, the original debtor retaining his position. Since it is
essential in a chain of hawâlas that the creditor remain the same
and the debtors shift, a chain of hawâlas whereby a tradesman’s
bond is transferred from one hand to another must not be sahîh.]
Once a hawâla has been made, the person who has given the
hawâla, as well as his kefîl (surety), will be absolved from the debt
(that has been transferred). The person who has received the
hawâla cannot demand his due from him. In fact, nor can he
demand it from the inheritors of the person who has given the
hawâla in case of the death of that person. He has to demand it
from the person who has accepted the hawâla.
It may be stipulated that the person who has received the
hawâla should be accredited to demand his due from the giver of
the hawâla as well. In that case, the person who has accepted the
hawâla has been appointed surety. For, a creditor may demand his
due from the person standing surety as well as from the debtor.
Both the people who have accepted the deal will pay the debt on
a fifty-fifty basis.
A hawâla will become null and void for (either one of) the
following two reasons:
1– By reason of tewâ, which means telef, [i.e. perishing,
annihilation,] of the debt owed by the person who has accepted the
hawâla. And this can be of two sorts: The person who has accepted
the hawâla has gone back on his word. He denies it and swears an
oath. The person who has given the hawâla and the one who has
received it cannot prove that a hawâla has been the case. This
tewâ, however, will fall if one of these two people proves the truth
by producing evidence or witnesses. Another reason for tewâ is
death in a state of insolvencey of the person who has accepted the
hawâla.
2– A hawâla becomes null and void by revocation. A hawâla
can be revoked when the giver and the receiver of the hawâla
agree to do so. Also, when the person who has given the hawâla
gives it, again, to someone else, the former hawâla becomes null
and void.
The receiver and the acceptor of a hawâla may be mukhayyer.
(Please review the thirtieth chapter!) In case both of them have
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