Book Of ( Sulh ) Settlement

Settlement is a contract of agreement and peace-making between two people on a certain matter, like possession of property, its profits, or waiving a debt or right etc., with or for no cost or in exchange for the same property.

Rule (904) Settlement is an independent contract; it is not related to other contracts, even if it gives a contracting result, it is like selling, when the settlement is in exchange for some property and it is like gift if it is reached about a substance without anything in exchange, and the result of rent if it is about a benefit; the result of waiving if it is about waiving a right or debt.

Rule (905) If a settlement is reached about a substance or benefit, its effect is the transfer of such properties to the parties, regardless, of being in exchange for some thing or without it, the same rule applies if it is about a debt of a party other than the parties of settlement, or a transferable right, like the right of reserving an appropriation, if it is about a debt of the parties of settlement, its effect is the waiving of such debts. The same rule applies if it is about a right that could be waived and not transferred like the right of Al-shuf Settlement is not valid about whatever that cannot be transferred or waived.

Rule (906) A settlement is valid as soon as a benefit is acquired from a substance, like reaching a settlement with a person which says that one party can stay in the other's house or use a certain piece of property for an appointed time, or that one party can place the beam of his property under construction on the wall of the other party's house or use some of his ground to let the sewer system pass through or let one party use the other's driveway etc., regardless, it is in exchange for some thing or without it.

Rule (907) A settlement can be arranged even if a party is acting tentatively on behalf of a party concerned just as it is possible in selling and other such contracts.

Rule (908) In a settlement it is not necessary to know exactly the amount of properties involved. If the properties of two people are mixed, they can reach a settlement by deciding to share it equally or each have a certain ratio, likewise, any one of them can agree to settle the case on receiving some other property, regardless, the mixed properties can no more be distinguished from each other or could be done.

Rule (909) Two disputing people can lawfully have a settlement in the disputed property or so, even if the defendant denies. With such settlement one's right of suing is abolished, likewise is the right of taking oath which the plaintiff has upon the denying defendant, after this the plaintiff cannot renew the law suit, but this, apparently, is the end of dispute. It is not lawful to receive anything through a settlement unless one is rightful, like if one demands a certain payment of debt from another person who denies, and then settle it by paying half, as a result the dispute is abolished but if the plaintiff is right, he has received half of his money and the other half is a liability of the denying party, but since the denying party believes otherwise, he is not held liable and has not committed any sin. However, if the plaintiff agrees with a settlement that relieves the other party of all liabilities, the plaintiff's right is abolished.

Rule (910) If the defendant asks the plaintiff for a settlement, it is not to establish the latter right, a settlement is valid in both cases of confirmation as well as denying, but if he says sell it to me or give me possession, such statement is confirmation.

Rule (911) It is necessary for the parties of the settlement to be mature, of sound reason, free from compulsion, willing, free from being supervised and foolishness etc.

Rule (912) Settlement agreement is formed by means of anything that could indicate such deal in the form of words or deeds etc., and no special statement or words are needed to express and pronounce it .

Rule (913) If one reaches a settlement with a shepherd to have his sheep for a year for example to use their milk, give back a certain amount of butter, the deal is valid, but if one hires sheep for a year in the same way it is not valid.

Rule (914) Waiving a right or debt does not require acceptance, but settlement for such matters needs acceptance.

Rule (915) If the debtor knows the amount of debt, but not the creditor and settles the debt for less than the actual amount, the debtor does not become free of his obligation of the remaining amount, unless he knows that the creditor agrees with the settlement, even if he comes to know of the actual amount.

Rule (916) It is not lawful to reach a settlement which requires to exchange properties of the same kind if they are of the kind exchanged by weight and measure, and knowing that there some extra quantity is given on one side, according to a precautionary rule, but it is not an offence if there is just a possibility of extra on one side.

Rule (917) It is not an offense to exchange two debts on one person or on two people, when the debts are not of the goods exchanged by weight or measurement of the same kind, or equal in weight and measurement. If they are of the goods exchanged by weight and measurement of the same kind, the lawfulness of reaching a settlement with some extra amount on one side is objectionable.

Rule (918) It is valid to exchange two properties by settlement, not selling, if both properties are of known quantities and of the same kind but it is a Mustahab Ihtiyat that they should not be of unequal quantities, but if their quantities are not known the settlement is valid even if one may think that the properties are not equal in weight.

A settlement between two people in a debt payable to them by third party or parties after an appointed time for less than what is worth if is valid. This is when the debt is in gold or silver or other things not exchanged by weight and measurement and are not of the same kind, in properties, other than these it is lawful to sell or make settlement for less than the debt from a debtor or other people. Thus, it is lawful to reduce bill of exchange or draft in exchange for other such materials of these days. Today's Dinars are not exchanged by weight or measure.

Rule (919) The settlement contract is binding by itself even when it is not in exchange for anything, and it gives the benefit of gift. Such contract cannot be revoked without the agreement of the parties to do so, or by the party who has been given the right in the contract to do so.

Rule (920) The right of having the choice to revoke the following cases, 2, 1 and 5 is not applicable in settlement contract. However, if the delivery of what was agreed is delayed more than usual, or it was required to deliver in cash immediately but is not done, the other party has the right to revoke the contract. The rest of the rights of having the choice to revoke the contract are applicable in settlement contract also.

Rule (921) If the goods involved in a settlement are proved to be defective, it is lawful to revoke the contract, but compensating the difference of defective and without defect is objectionable. If in the settlement contract a condition requires to give the property involved in the deal in endowment for a certain cause which would serve the party or other people or a general cause in the lifetime of one party or after his death, it is valid and the condition is binding which must be kept.

Rule (922) Fruits and vegetables and plantations could also be used as subjects of the settlement contract, before they appear in one year without adding anything with it, even though, it is not lawful in selling as mentioned before.