If a debt is established as a deposit ('wadi'ah') through initial admission, is the debtor subsequently believed if he claims the deposit perished?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If a person acknowledges a debt by saying, 'I owe you so much,' and then clarifies it as a deposit, his subsequent claim that it perished is not accepted. This is the position of Abu Hanifa and Al-Shafi'i, because the initial admission established a liability ('alaayya' implies it is in his liability/dhimma), whereas a deposit is something held in trust ('indi' - with me), not a liability. Therefore, the subsequent claim contradicts the nature of the established liability.
Supporting text
Al-Qadi supports the view that the debtor should be believed, citing a narration from Ahmad where if one states, 'I owe you a deposit, and I delivered it to you,' he is believed, analogously to claiming loss or return in a separate statement. This view suggests that since the initial statement 'I owe you' can be interpreted permissibly as 'I have in my possession' (especially since 'alaayya' can sometimes mean 'indi,' as exemplified by the Quranic statement of Moses, 'And they have a claim upon me'), the subsequent explanation should be accepted to avoid burdening the declarant with inconsistency where possible.