Is a creditor who secured an acknowledgment of receipt from the debtor required to return the document establishing the right to the debtor?

General Chapter

Al-Mughni

Book of Agency

Book 19 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the creditor secures an acknowledgment of receipt from the debtor, the creditor is not obligated to hand over the document establishing the right (al-wathiiqah) to the debtor, because the proof of receipt invalidates the original proof (the document establishing the right), and the document itself remains the property of the creditor, thus not requiring its surrender to another party.