Is an ambiguous debt acknowledged, such as 'I owe you thousands,' considered an initial deposit (wadi'ah) before the debtor provides further clarification?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If a person acknowledges a debt using an unspecified plural amount, such as saying, 'I owe you dirhams,' without immediate qualification, the acknowledgment is established as a deposit ('wadi'ah'). There is no known disagreement on this among the scholars. This is accepted whether the clarification is immediate (connected speech) or subsequent (separate speech), as the clarification adheres to the implication of the word used. If the debt is thus established as a deposit, the debtor's subsequent claim of its loss or return is accepted.
Supporting text
If the debtor subsequently clarifies the general acknowledgment as a debt ('dayn'), this is also accepted because it affirms an obligation upon himself, which is considered a stricter position. However, if the debtor immediately states, 'I had a deposit but I returned it' or 'it perished,' the liability is affirmed, and his subsequent claim is not accepted due to the direct contradiction of the initial admission.