Is an admission stating "He has a thousand in this property of mine" valid?

General Chapter

Al-Mughni

Book of Acknowledgment of Rights

Book 20 · Issue 1 · Bab 1

Open in Qurani

Primary text

The admission is accepted if the speaker clarifies his intent as relating to a debt, a trust deposit (wadi'ah), or a bequest (wasiyyah) concerning that property. The basis for acceptance is that the speaker has admitted to the existence of one thousand, which is valid, analogous to stating, "He has a thousand in my property." It is permissible to attribute property to oneself even if part of it is owed to another, or to attribute another's property to oneself due to a specific right, custody, or legal authority over it. Evidence supporting the permissibility of attributing property one has authority over includes the command in the Quran regarding the maintenance of the weak: "And do not entrust to the deficient (or foolish) those properties of yours which Allah has made for you as a means of subsistence. But maintain them and clothe them and speak to them in a kind way" (Quran 4:5), and the command regarding wives: "Do not turn them out of their houses" (Quran 65:1), and the command to the Prophet's wives: "And abide in your houses" (Quran 33:33). The admission is not invalidated if its correctness is possible.

Supporting text

Some followers of Al-Shafi'i rule that such an admission is not accepted because the property mentioned is not entirely his to dispose of.