Forgiven debt and later repayment

Question

I lent someone approximately RM550, which is the amount I clearly remember and for which I still have proof. There may have been other amounts as well, but I no longer remember them clearly and I do not have records for those. Later, because I wanted to end all contact and did not want to be disturbed anymore, I told him, "It's okay, I forgive the debt. Please don't contact me again." However, he replied that he still wanted to repay me and promised that he would pay me back once he had the money. I never prevented him from repaying me, and I never blocked his phone number. Until today, he has not repaid the debt. In this situation, is the debt still valid and can I still legally and Islamically demand repayment? Thank you for reading!

Mufti Tosif Qasmi · Accepted Answer

According to the Hanafi school of Islamic law, if the creditor clearly tells the debtor, “I forgive your debt,” and genuinely intends to waive the debt, then the debt is extinguished and can no longer be demanded afterward. Therefore, based on the situation you described, if the forgiveness was genuine, the original debt no longer remains due.

«الإبراء إسقاطُ الحق»

English: “Remission (forgiveness of a debt) extinguishes the creditor’s right.”

And:

«إذا أبرأ الدائنُ المدينَ من الدَّين برئ منه»

English: “When a creditor releases a debtor from a debt, the debtor becomes free of it.”

However, if the debtor later wishes to give the money of his own free will, this is no longer considered repayment of the original debt in the legal Shar‘i sense. Rather, it is treated as a new voluntary payment or a gift. In such a case, it is preferable for the creditor to inform the debtor that the debt had already been forgiven. Even then, if the debtor still insists on giving the money, it is permissible for the creditor to accept it. The creditor is not required to give that money in charity; he may keep it, use it for his own needs, or spend it as he wishes.

Forgiven debt and later repayment

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