What is the liability when a debtor states, 'I owe you one dirham, but rather one dirham' or 'one dirham, but one dirham'?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If a person states, 'I owe you one dirham, but rather one dirham' (lahu 'alayya dirhamun, bal dirhamun), or uses 'lakin' (but), there are two opinions. The primary view is that only one dirham is obligatory. This is supported by the ruling attributed to Ahmad regarding divorce where repetition of the formula does not increase the effect, and it is considered an admission of one dirham twice. The statement is treated as an affirmation of one dirham, followed by a superfluous correction or an affirmation using 'lakin' which acts like 'bal' in this context, though technically 'lakin' is used after negation.
Supporting text
The second view holds that two dirhams are obligatory, as narrated by Ibn Abi Musa and Abu Bakr 'Abd al-Aziz, and consistent with the position of Zafar and Dawud. This is based on the premise that what follows the retraction ('bal') must be different from what preceded it, necessitating two distinct obligations, similar to stating 'one dirham, but a dinar.' Furthermore, treating the statement as leading to only one dirham would render his speech void of meaning, and the principle is that the speech of an intelligent person should be meaningful.