What happens if a person denies the ownership of an item acknowledged to another?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If a person admits ownership of an item to another, and the latter denies the acknowledgment, the acknowledgment becomes void because one cannot establish ownership for a person over something that person does not acknowledge. In matters of wealth, there are differing views. One view dictates that the wealth remains in the possession of the original recognizer, as it was previously ruled in their favor, and the nullification of the acknowledgment returns the status quo. Another view mandates that the wealth be taken to the public treasury (Bait al-Mal) because no owner has been established for it. A third view suggests it should be held in custody until an owner emerges, as no one claims it. This latter view aligns with the position of Imam Shafi'i.
Supporting text
If one of the parties later retracts their denial and affirms the other's claim, the item is handed over to the claimant, as they now assert ownership without opposition. If both parties retract their respective denials (meaning the claimant now denies their own claim and the recognizer affirms the claim), and the original recognizer retracts the admission while the claimant now asserts ownership: if the item remains in the recognizer's possession, the recognizer's statement prevails upon taking an oath, similar to a situation where no admission was made. If the item is lost due to damage or flight without the transgression of either party, neither oath nor liability arises. If the loss occurred due to the transgression of one party, the statement of the original recognizer prevails with an oath, just as if the item were still present, and the oath absolves them of liability. If the loss was due to the transgression of the other party, then the other party incurs liability.