What is the ruling if the confessor specifies in the acknowledgement, 'I owe you one hundred dirhams in my liability (dhimmah)'?

General Chapter

Al-Mughni

Book of Acknowledgment of Rights

Book 20 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the acknowledgement specifies 'in my liability,' Al-Qadi rules that the confessor's subsequent claim that the money was a deposit is not accepted. This is because a deposit (wadī'ah) is an entity that cannot reside in the liability (dhimmah). However, acceptance is sometimes possible, interpreting 'in my liability' as the obligation to deliver the item. Furthermore, it may be accepted if the deposit was subject to negligence (ta'addi), thus making the confessor liable for it in his liability.

Supporting text

The associates of Al-Shafi'i have two perspectives on this specific wording.