Is a debtor obligated to provide a witness to the creditor acknowledging receipt when repaying a debt?
General Chapter
Al-Mughni
Book of Agency
Primary text
If a debt lacks prior proof (bayyinah), the judge does not compel the debtor to secure an acknowledgment of receipt from the creditor, because the debtor faces no detriment; should the creditor later claim the debt, the debtor's word is accepted upon taking an oath. If the debt was established by proof (bayyinah), and the debtor's statement regarding restitution is accepted, such as in the case of a depositary (muda'i) or an agent without compensation (wakil bi ghayr ja'l), then the debtor is likewise not compelled to have the creditor testify to the receipt. This is because if a right is claimed against them or proof is established, their word concerning restitution is accepted.
Supporting text
If the debt is established by proof, and the debtor is someone whose word regarding restitution is not accepted, or whose acceptance is disputed, such as a usurper (ghasib), a borrower for use (musta'ir), or a pledgee (murthahin), then the debtor must not hand over what they received except with an acknowledgment of receipt, to prevent the receiver from later denying receipt. In such cases, the debtor's word regarding restitution is not accepted; if they deny the debt, proof must be established against them, or they must secure an acknowledgment of receipt.