What is the ruling if the defendant acknowledges the entirety of the property to one claimant who already acknowledged the other claimant's half-share?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If the defendant acknowledges the entire property to one claimant, and that claimant acknowledges the other claimant's half-share, the defendant must hand over that half to the other claimant. Likewise, if the defendant had previously acknowledged that half, delivery is required because the person in possession (the one claimant) has acknowledged the other's right, placing him in the position of the defendant, thus establishing the right of the one to whom acknowledgment is due. If the defendant did not acknowledge the other's share and the first claimant claims the whole property or more than half, the whole property belongs to him.
Supporting text
If it is argued how he can own the whole when he only claimed half: it is not a prerequisite for a valid acknowledgment that a claim preceded it; rather, when someone acknowledges something and the claimant confirms it, it is established. Confirmation existed here for the half not previously claimed, and it is permissible that he limited his claim to half because he had legal proof for it, or because the other half was already acknowledged to him, so he claimed only the half not acknowledged. If the claimant does not confirm the acknowledgment of the non-claimed half, and the defendant did not acknowledge it for the other party, there are three opinions: first, the acknowledgment regarding that portion is void because it was acknowledged to someone not claiming it; second, the ruler forcibly takes it from the possessor until the claimant proves his right, rents it out, and preserves the rent for the owner; third, it is delivered to the claimant as there is no contender against his claim. The position of Al-Shafi'i in this entire chapter follows similar lines.