What is the ruling when the confessor immediately connects the debt acknowledgement with the nature of the fund, such as stating 'I owe you one hundred dirhams as a deposit'?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If the confession immediately includes the nature of the fund, such as stating 'I owe you one hundred dirhams as a deposit,' it is accepted because the statement is connected to what it can sustain, making it valid, similar to stating 'I owe you deficient dirhams.' If the confessor states, 'I owe you one hundred as a deposit, a debt, or as capital for a partnership (mudarabah) which is a debt,' it is valid, and liability (daman) is imposed upon him because the deposit could become a debt due to negligence.
Supporting text
If the confessor states, 'I intended that he stipulated liability upon me [for the deposit],' this is not accepted because such a stipulation does not turn the deposit into a debt. Similarly, if he states, 'He has one hundred as a deposit with me, and he stipulated liability upon me,' liability is not imposed because a deposit does not become guaranteed solely by stipulation.