What is the legal implication when a debtor states, 'Katha Dirham' with the noun 'Dirham' in the genitive case (Jarr)?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If the debtor states, 'Lahu 'alayya katha dirham' with 'dirham' in the genitive case (Jarr), he is obligated to pay a fraction of a dirham, the exact measure of which is determined by interpretation, as 'katha' functions as an indefinite pronoun referring to a part of a dirham. This position is held by the main body of jurists.
Supporting text
The position of Al-Qadi is that in all cases of grammatical inflection (Raf'a, Jarr, Nasb, or suspension for pause), one dirham is obligatory. This is also a view held by some Shafi'i scholars. Furthermore, it is related that if the statement is made with suspension (Waqf), it may also be interpreted as obligating a fraction of a dirham, as the genitive case ending may have been omitted due to the pause. This latter interpretation aligns with the opinion of Imam Al-Shafi'i.