Answered by Miscellaneous
1.Mr X owed money to a company that has since been sold. Mr X paid the money to the previous owners, as they owned the company at the time when the debt was incurred.
a. Is this valid or does he have to repay the amount to the new owners?
[Answered by subscriber]
Since the debt was owing to the original owners, it must be paid to them.
2. Mr X owes money to another company. This company has since been sold and Mr X has tried to locate the previous owners. The problem is that the four partners who previously owned the company are difficult to find. Furthermore, it is difficult to ascertain the percentage that each partner owned.
He should try his best to locate the original owners and pay them the amount
of the debt according to their share of the business. If this is not possible, their heirs should be given the money. If this is not possible, it should be given out as charity to the poor.
NB However, since the persons in the said question are non-Muslims, they may have sold the ‘book debts’ to the new owner of the business. In such an instance, you should check with the new owner if this is so, and make payment to the new owners if the above is correct.
a. Is it possible to find one partner and give him the money with a note explaining that this is to be shared between the other partners?
If that partner is willing to do so and is honest and trustworthy, it is fine to do so.
b. Is it possible to give the money to the new owners?
Since they are not the actual creditors, it is pointless giving it to them, since the debt was not transferred to them
In all of the above cases the owners are non-Muslim and their business involves the sale of alcohol.
This has no bearing on the ruling.
And Allah knows best.