What is the ruling when a debtor acknowledges an obligation stating: 'He has upon me a dirham and a dirham and a dirham' (له علي درهم ودرهم ودرهم)?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
Three dirhams are incumbent upon the debtor. This is based on the principle that the conjunction 'waw' (و) implies addition. Addition necessitates difference, meaning the third dirham must be distinct from the second, just as the second was distinct from the first. Since an acknowledgment (iqrar) does not inherently imply affirmation or confirmation (ta'kid), the statement must be taken in its literal numerical sense.
Supporting text
Ibn Abi Musa narrated from some of our companions that if the debtor clarifies, stating that the third mention was intended as an affirmation and clarification (ta'kid wa bayan) of the second, this explanation may be accepted. This view is also held by some companions of Al-Shafi'i because the third mention is essentially contained within the wording of the second.