What is the ruling if the payment or release of five hundred is made without specification (itlaq)?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If the payment or release is made without specific designation, there are two possibilities. One is that the paying debtor has the discretion to apply it against whichever debt portion he wishes, similar to one paying Zakat from a requisite amount when two assets, one present and one absent, are eligible, allowing him to designate which asset it is applied against. The second possibility is that the five hundred is divided equally, half applying to the principal debt and half applying to the guarantee.
Supporting text
The application defaults to half for the principal and half for the guarantee because the unspecific nature of payment or release applies to the entirety of the liability. The determining factor in payment is the wording and intention of the payer, and in release, it is the wording and intention of the releaser. If there is a dispute regarding this intention, the statement of the person whose wording and intention are considered (the payer/releaser) is accepted.