What is the ruling when a debtor acknowledges an obligation stating: 'He has upon me a dirham and a dirham' (درهم ودرهم), 'a dirham then a dirham' (درهم ثم درهم), or 'a dirham then a dirham' (درهم فدرهم)?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
Two dirhams are incumbent upon the debtor. This is the position held by Abu Hanifa and his companions. The evidence rests on the fact that 'fa' (ف) is one of the three conjunctive particles, thus resembling 'waw' (و) and 'thumma' (ثم). Since it connects one item to another using 'fa', both items must be established, similar to saying, 'You are divorced, then divorced' (أنت طالق فطالق). The conjunctive particle implies addition, requiring the establishment of both amounts.
Supporting text
A view exists, reported by Al-Qadi, concerning the case where the debtor says 'a dirham then a dirham' (درهم فدرهم), suggesting that if the debtor intends it to mean 'a dirham, and then another dirham due to me' (درهم فدرهم لازم لي), it should be accepted. This view aligns with Al-Shafi'i because the term is susceptible to interpretation as a descriptor (sifah). However, the claim that it implies a descriptor when stated plainly is considered remote and not understood in its unqualified form, thus interpretation to that effect is rejected, similar to interpreting unqualified dirhams as counterfeit, small, or deferred payments.