Saved on this device only — nothing is sent anywhere.
Wafa' (fulfilment, fiqh)
وَفاء
Wafa', lexically, is the opposite of betrayal: completion, discharge, and bringing a thing to full measure; 'awfa al-kayl' is to complete the measure. Technically it is keeping to the way of mutual help, keeping covenants and maintaining the forms of affection in private and in public. The scholars explain the verse of sura al-Ma'ida on fulfilling contracts as keeping what the contract requires and acting on its consequences. The jurists use the word for handing over the thing contracted, for judgement and for payment. 1
Related words: istifa' (taking one's right in full), isqat (releasing a right without a holder or a claimant), and ibra' (releasing a debt owed to oneself). All lead to the discharge of the obligation; the difference is that wafa' is done by the one who owes and istifa' by the one who is owed. 12
The ruling varies by the act. 2 First, what must be fulfilled: contracts, once complete with their conditions, such as delivering the goods and paying the price or wage; lawful conditions, on the saying that Muslims are bound by their conditions, while a condition contrary to the book of God is void; and vows of obedience. 2 Second, what is recommended: good deeds such as bequests and gifts, which are donations that cannot be compelled; a bare promise, not tied to a need or a cause, is recommended to keep, but becomes obligatory when a need requires it, as Ibn 'Abidin reports from Jami' al-Fusulayn; the well-known Maliki view is that a promise is binding and may be enforced once the promisee has entered upon something because of it. 34 Third, what is permitted: a vow to do a permitted act, such as eating, drinking or sleeping, whose validity the jurists debate. 4 Fourth, what is forbidden: a vow of disobedience, forbidden by agreement, on the saying of 'A'isha that whoever vows to disobey God must not disobey Him; an oath to do a forbidden act or omit a duty is to be broken with expiation, not kept; and unlawful conditions. 4
Who may fulfil: the one who is accountable, that is adult and sane, since the duty arises from acts he undertakes by his choice, whether they need two wills, as sale does, or one, as an oath or vow. 5 How fulfilment is achieved: in contracts by handing over the thing; by returning the thing when the term ends, the contract is dissolved or the thing is shown to be another's; and by doing the work required, as a hired worker does. 5
Ways of fulfilment: it is achieved by handing over the thing contracted, such as the goods and the price in a sale; by returning the thing when the contract ends or is dissolved; by the worker doing the work required; and by a transfer of debt (hawala) when its conditions are met. 5
Paying another's debt: this is valid with or without the debtor's permission by agreement; the Malikis add that it must be done kindly to the debtor, and forbidden if the creditor means to harm him. 6 Paying or guaranteeing a dead man's debt: valid where the dead man left something to pay from; where he was insolvent, the majority of jurists hold that guaranteeing and paying it is valid, citing the report of Abu Qatada, who guaranteed the debt of a dead man who left no means; Abu Hanifa does not allow the guarantee of an insolvent dead man's debt, but a gift of payment is valid. 67
The causes of non-payment: (a) procrastination, which is injustice by a wealthy debtor, on the saying 'the procrastination of the rich is injustice', and such a debtor deserves punishment, on the saying that his reputation and punishment are lawful for the one who can pay; the jurists agree that means should be used to make a solvent debtor pay, and differ on some of them. 7 (b) Insolvency: if proved by evidence the debtor is released and not imprisoned, on the verse of sura al-Baqara (cited by sura only). 7 (c) Bankruptcy, when debts exceed assets: the majority hold that the judge must declare him bankrupt when the creditors ask, and may sell his property by compulsion. 78
Priority in fulfilment: (a) God's rights, such as zakat and its eight categories, whose order the jurists dispute. 8 (b) rights attached to an estate: the burial and shroud first, then debts, whether owed to God or to men, then bequests, and the rest to the heirs. 8 (c) charity and bequests: the best charity is what exceeds one's need and that of one's dependants, on the saying 'the best charity is from surplus wealth, and begin with those you support'; and the best charity is to kin, as al-Sarakhsi notes for keeping ties of kinship. 89
Charity to kin is better than to strangers, since it is both charity and the keeping of ties, on the saying 'the best charity is to a near kinsman who is hostile'. The Shafi'is hold the better course is to give to the nearest first, and that the most hostile are better to win over. 9 On bequests, the Shafi'is and Hanbalis prefer the nearest non-heir, then a foster relation, then in-laws, then a client, then a neighbour, the Hanbalis taking neighbours nearest first. 9 The Hanafis hold that a bequest to one's relatives is understood to go to two or more of each kin whose marriage is forbidden, excluding parents and children, nearest first; Abu Yusuf and Muhammad divide it in thirds. 9 The Malikis favour the needier and more distant relative, by a larger share but not the whole, unless the testator says otherwise. 9
