What is the obligation when someone states, 'He has a dirham on me above a dirham,' 'below a dirham,' 'with a dirham,' or 'along with a dirham'?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
The ruling varies among scholars. The view of Al-Qadi and one opinion of Al-Shafi'i holds that only one dirham is obligatory. This is because the term 'above a dirham' might imply superiority in quality, and similarly for 'below a dirham.' For 'with a dirham,' it might imply an additional dirham belonging to the speaker, thus the excess is not deemed obligatory due to ambiguity.
Supporting text
Abu Al-Khattab and the second opinion of Al-Shafi'i mandate two dirhams. They hold that such phrasing functions as conjunction ('atf), implying the addition of another dirham. Furthermore, the declaration 'on me' implies a debt in one's responsibility, and it is not possible for the confessor to have a dirham belonging to the creditor above, below, or alongside the confirmed debt in their own liability.