Rules of Compromise (Solh).
2263. Compromise means that a person agrees to give to another person has own property or a part of the profit gained from it, or waives or forgoes a debt, or some right, and that other person also gives him in return, some property or profit from it, or waives his debt or right in consideration of it; and even if a person gives to another person his property or profit from it, or waives his debt or right without claiming any consideration, the compromise will be in order.
2264. It is necessary that the person who gives his property to another person by way of compromise, should be adult and same, and should have the intention of making compromise, and none should have compelled him to make the compromise, and he should not .
2265. It is not necessary that a formula of compromise be recited in Arabic. Rather, it is sufficient to convey the intention by uttering any words.
2266. If a person gives his sheep to a shepherd so that, for example, he may look after them for one year, and use their milk and give him a quantity of Ghee, and in this manner compromise with the shepherd for his labor, and a quantity of Ghee against the milk of the sheep, the transaction is valid provided it is not agreed to get milk of the same sheep. Rather, if he gives the sheep to the shepherd for one year on lease, so that he may utilize their milk and give him a quantity of Ghee, this transaction is objectionable (a matter of Ishkal).
2267. If a person wants to make a compromise with another person in respect of the debt, which he owes, or in respect of his right, the compromise will be valid only if the opposite person agrees to it. But, if he wants to forgo the debt or right owed to him, the acceptance by the opposite person is not necessary.
2268. If a debtor knows the amount the owes, but the creditor does not know and makes compromise with the debtor for an amount less than what is owed to him, like, if the creditor has to receive 50 but he unknowingly makes a compromise for 10, the balance is not Halal for the debtor, except that he himself tells the creditor what he actually owes him, and seeks his agreement. Alternatively, the debtor should be sure that even if the creditors had known the exact amount of the debt, he would have still settled for that amount.
2269. If two persons want to compromise two things of the same quality and weight, which is certain, this will only be correct if the weight of one is not more than the other, and if the weight is not known, even if they guess that one is possibility more than other, the compromise is correct.
2270. If two persons are the creditors of one two persons and they, as creditors, wish to settle their debts between themselves, if as previously said the quality and weight are the same, for example they all owe 10 Man (30 kilos) of wheat, their compromise is correct. The same applies if their debt is not the same, for example one owes 10 Man of rice and the other 10 Man of wheat. But if their debts are from the same quality and it is something, which is sold by weight or measurement, if the weight or measurement is not equal, their compromise is void.
2271. If a person lent something to another for a stipulated period, and now he, as a creditor, wishes to compromise on something lesser in value, with an intention to collect what he gets and forgo the balance, there is no harm in it.
2272. If two persons make a compromise in respect of something, they can cancel the compromise with mutual consent. Similarly, if while concluding the agreement one or both of them is given the option to cancel the compromise, the person who possesses that option can cancel the compromise.
2270. As long as the buyer and the seller do not leave the place
where a transaction was concluded, they can cancel the transaction. Also,
if a buyer purchases an animal, he has the right to cancel the transaction
within three days.
2271. A compromise can be cancelled, if the thing received by means of compromise is defective. However, it is a matter of Ishkal, if the person concerned desires to take the difference of the price between the defective thing and the one without defect.
2272. If a person makes a compromise with another person with his property and imposes the condition that after his death the other person will, for example, Waqf that property, and that person also accepts this condition, he should carry it out.