Is the holder of the deposit required to administer an oath to the claimant if the holder denies the agency claim?
General Chapter
Al-Mughni
Book of Agency
Primary text
If the holder denies the claimant's agency, the claimant is not required to take an oath (yastahlif). This follows the view that payment is not obligatory based solely on the holder's affirmation of agency.
Supporting text
Abu Hanifa mandates an oath when the agency is denied. The disagreement hinges on whether payment is obligatory upon affirmation; whoever mandates payment upon affirmation requires the oath upon denial, like in other financial rights, while the other view denies the requirement for an oath due to its inutility when payment is not mandated by mere affirmation.