Is a declaration of owing an unspecified thing (*al-iqrār bi'l-majhūl*) valid?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
The declaration by a person stating, 'So-and-so has something owed to him by me,' or 'something,' is valid, and the declarant is obliged to specify what that thing is. This ruling is universally accepted and is contrasted with a claim (*da‘wā*), which cannot be made regarding an unknown item because a claim is made by the claimant in their favor, whereas an acknowledgment (*iqrār*) is made against the declarant. Therefore, obligation is established against the declarant even with ambiguity, unlike property rights. The rationale is that if the claimant fails to specify their claim, they have an impetus to clarify it, but the one making the admission has no impetus other than clarification. To prevent the possibility of the declarant retracting the admission, which would cause the right of the admitted creditor to be lost, the obligation is established despite the ambiguity. If the declarant refuses to specify the item, they are imprisoned until they do.
Supporting text
The view of Al-Qadi suggests that the refusing declarant is deemed recalcitrant (*nākila*), and the admitted creditor is ordered to provide the specification. If the creditor specifies something and the declarant confirms it, it is established. If the creditor lies and refuses to specify further, the declarant is told that if they specify, they will be spared, otherwise they will be deemed recalcitrant and a judgment made against them. This is also the opinion of the Shafi'i school, with the modification that if the creditor specifies, otherwise the creditor swears an oath regarding their claim and it is imposed upon the declarant; if the declarant then complies, the oath is waived, otherwise the creditor swears and the obligation is imposed on the declarant.