What is the ruling when a person admits a debt of one hundred dirhams, presents the money, and claims it was a deposit (wadi'ah), but the claimant states the presented money is the deposit and there is an additional debt?

General Chapter

Al-Mughni

Book of Acknowledgment of Rights

Book 20 · Issue 1 · Bab 1

Open in Qurani

Primary text

The ruling dictates that the statement of the claimant (the one to whom the acknowledgement was made) is accepted. This aligns with the position of Al-Khiraqi and Abu Hanifa. The claimant affirms that the money presented is the deposit, while asserting that the acknowledged debt remains separate and due from the confessor.

Supporting text

Al-Qadi holds that the statement of the confessor, supported by an oath, is accepted. Al-Shafi'i holds two differing views on this matter, similar to two established legal arguments.