Try to search to answer basic questions: What is meant by clearing? What are its types, rulings and images in the Hanafi school of thought? What is the difference between the tap and others in clearing? What is the most correct of the statements on issues in which there is a difference of opinion in the sect itself, and in other sects? What are the consequences of the occurrence of clearing at the tap? The research followed a descriptive approach that combined induction and deduction, by following the sayings of the jurists in the doctrine and their evidence, and then comparing them to reach the most correct opinion according to the strength of the evidence. The research was divided into two main topics that dealt with: the concept of set-off, which is the dropping of an equal or unequal debt in exchange for each other, its permissible types (compulsory, agreement and demand) and non-permissibility, the conditions of each of them and some of their forms and their implications. The research concluded with results, the most important of which are: The origin of the clearing is that it is between two debts from both sides, and the two debts are more general than the two criticisms. Either it is a set-off between two debts, or it is like dropping a mosquito by agreement of the two parties. The Hanafi school differed from the majority of jurists in considering clearing the only means for the expiration of debts, and that it does not forfeit the principal of the debt, but only forfeits the claim. As the one who fell does not return, so when the debt is extinguished and fades, it is not possible to rescind, but the set-off revokes all or some of them in two cases: First: It becomes clear after the valid set-off that one of the creditors has no right to repay all the debt in which the set-off occurred, and it is revoked from it to the extent that the set-off took place. He has no right to fulfill it. And the second: that after the set-off takes place, what necessitates the demise of one of the two debts, and it is invalidated for that reason.

Title

مجلة الشريعة والدراسات الإسلامية

Publisher

كلية العلوم الإسلامية

Publisher Country

Algeria

Publication Type

Prtinted only

Volume

13

Year

2022

Pages

103- 139