مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٨٢ - ORDERS REGARDING GIVING A REFERENCE (HAWALA)
prodigals (i.e. persons who spend their wealth absurdly). And it is also
necessary that the debtor and the creditor are not bankrupt. Of course,
if the reference is in the name of a person who is not already a debtor
of the person giving the reference I there is no harm, even if the
person giving the reference is i bankrupt.
٢٣٠٠. Giving reference in the name of a person
who is not a debtor is correct if he accepts it. Moreover, if a person
wishes to give a reference in the name of aperson for a commodity other
than that for which he is indebted to him (for example, if he gives a
reference in the name of a person for wheat when he is indebted to him
forbarley) the reference is not in order unless he accepts it.
٢٣٠١. It is necessary that a person should be a
debtor at the : time he gives a reference: Hence, if he intends taking a
loan from some one he cannot, on the basisof obligatory precaution,
give a reference in the name of anyone, so that he may realize ; from
him that which he is going to lend later.
٢٣٠٢. The person giving the reference and tile
creditor must know the quantity of the reference and its kind Hence, if,
for example, a person owes another person ٣٠kilos of wheat and $ ١٠ and
tells him to take anyone of his debts from such and such person and
does not specify the debt the reference is not in order.
٢٣٠٣. If the debt is really specified but the
debtor and the creditor do not know its quantity and quality at the time
of giving reference, the reference is inorder. For example, if a person
has recorded the debt of another person in a register and gives a
reference before looking into the register and consults the register
later and informs the creditor about the quantity of his debt the
reference is in order.
٢٣٠٤. The creditor may decline to accept the reference, although the person in whose name the reference has been given may