What is the ruling if the absent person confesses after the present person has denied and sworn an oath?

Chapter on Guarantee (Daman)

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 2 · Bab 2

Open in Qurani

Primary text

If the absent person confesses, and the present person subsequently retracts his denial, the claimant may collect the full amount from the present person. This is because the present person is confessing to a right the claimant asserts against him, making it permissible for the claimant to take it.

Supporting text

If the present person has no evidence against him, he swears an oath and is absolved. If the absent person subsequently arrives, denies the claim, and swears an oath, he is absolved. If the absent person confesses, the full thousand is incumbent upon him.