The debtor's liability for the debt remains until it is paid back to the creditor
17-2-2009 | IslamWeb
Question:
Five years back I (lender) loaned my brother in law (debtor) a large sum of money. Recently, while learning about debts, and the serious consequences of having debt, I decided to request from my brother in law that they start to make intention to pay off their debts to me. Though I did not ask for the money back now, Alhumdalilla, they managed to find the sums owed to me. However, instead of giving me the money back, they gave the owed money to my mother - he tells me he sees her more often than me, so it was easier to give to her? My brother in law says he has cleared his debt because he has paid my mother, and Allah sbt knows his intention, even though she is not the lender. My mother owes my brother in law money too, and says she will someday give me the difference back between their debt to me, and her debt to them. I am left confused with this situation. On one hand my brother in law is telling me he has fulfilled his obligtion to his debt quoting "as Allah is my witness" he has paid off his debt. I as the lender still have not received anything. This situation hurts personally. I am looking for some advice on what to do, or more importantly what does Islam say about debt in regards to the debtor repaying the lender. Has my brother in law paid off his debt? Or has he simply given to my mother, possibly knowing she will give back to him (because she has a debt to him). I am trying not to get upset by all of this. From this personal situation I understand now far more why debt is disliked in Islam, and the negative actions of those in debt by observing their behaviour. Advise greatly appreciated.
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
The debtor's liability for the debt remains unless one of the reasons of paying back the debt takes place. The first of these reasons is to pay back the debt to the creditor or his deputy who is entrusted to take his debts. However, if the debts are paid to someone who is not appointed as a trustee to take the debts of the creditor, then the debts are not considered as being paid back and the debtor is not acquitted from sin and the liability of paying back the debts.
Therefore, your mother has no authority over you, and she is not entrusted to act on your behalf in taking back the debts, and the creditor (you) did not allow that his debts be paid back to her, so the debts remain a liability of the debtor until he pays them back to the hand of the creditor or his deputy with his permission, or that he accepts his debts to be transferred to his mother.
Finally, we advise you to deal with your debtor and mother with wisdom and in a soft and gentle manner.
Allaah Knows best.