874. There may appear to be a contradiction between this statement and the previous one mentioning the agreement of the creditor, but in reality, there is no contradiction. The first is a declaratory law (ḥukm waḍ‘i) indicating the conditions to be fulfilled for the debtor to be exempt from paying. The second is a defining law (ḥukm takleefi) ordering the creditor to accept a transference to a solvent debtor. This was considered to be only a recommendation by the majority, but an obligation by the Ḥanbalis. Even if it is an obligation, the creditor may still contend that the person he or she was referred to is insolvent, or that the transference is not acceptable on some other ground, such as the delinquency of the one they were referred to or the difficulty of bringing them to court. Such disputation will be settled by a judge. This means that, although the transference automatically exempts the debtor from payment (according to A), the creditor will still have a chance to refuse it before a judge.