What is the ruling when one claims a debt of one thousand from both a present person and an absent person, claiming each is a guarantor for the other, and the present person confesses?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If the present person confesses to owing the thousand and acting as a guarantor for the absent person, the claimant may take the full thousand from him. Should the absent person confess upon arrival, the present person (the original debtor/guarantor) must repay half of that amount to the one who paid. If the absent person denies the claim upon arrival, the absent person's word, coupled with his oath, is accepted, and the one who paid has no recourse against him for that share.
Supporting text
If the present person denies the claim initially, his word coupled with his oath is accepted. If the claimant then provides evidence against the present person and takes the full thousand from him, the claimant receives nothing from the absent person, as the absent person's denial, combined with his oath, implies no right exists against him, and the claimant acted against him unjustly.