What is the legal consequence when someone states, 'I owe two dirhams along with ten' (أردت درهمين مع عشرة)?

General Chapter

Al-Mughni

Book of Acknowledgment of Rights

Book 20 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the debtor states, 'I owe two dirhams along with ten' and claims this phrasing means 'two dirhams in addition to ten dirhams,' and the debtor is not knowledgeable in accounting terminology, the claim is accepted, and the obligation is twelve dirhams. This is accepted because many common people use this phrasing to mean addition.

Supporting text

If the debtor is an expert in accounting, it is debatable whether this claim should be accepted, as experts are expected to use technical terms according to their established definitions. However, acceptance remains possible, as one cannot preclude the use of common language even by experts.