Study of Donation of Debt in Imamiah Shi'i Jurisprudence: دراسة هبة الدين في فقه الشیعة الإمامية

Would a debt also be the subject of a donation? Some jurists believe that due to the impossibility of a debt bill, such a donation is not correct. According to this group, the donation of debt is paid to the debtor not in the form of a donation but in the form of a release because the result is the same, i. e. cancellation of debt. They also regard the donation of debt to a third party as void. But against this opinion, it is said that the bill should not be interpreted solely as material possession because the purpose of the bill is to dominate the property of bill’s subject, which also happens in the debt bill. In addition, as we know, if the subject of the donation is in the possession of donee, it does not require a bill because the debt is in debtor’s obligation. In other words, it is also in his bill (possession). Additionally, it is true that both the donation and release lead to a single result, but the initial effect of each one is different. With a donation, giving possession of debt occurs; but with release, the cancellation of debt. This difference causes more differences. The same also happens in donation of debt to a third party because the third party owns the debt after its donation. Accordingly, he finds the possibility of referring it to the debtor, domination of the property and the bill. Therefore, donation of debt to a third party should also be counted.