What is the ruling when a person claims that an absent party transferred a debt obligation to the defendant, and the defendant denies this transfer?
General Chapter
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If the defendant denies the alleged transfer of debt obligation from an absent party, the defendant's statement prevails. If the claimant provides evidence, the ruling is established against the absent party and the defendant, as evidence is accepted even against an absent person, and payment must be made to the transferee.
Supporting text
If the claimant has no evidence and the defendant denies the claim, there are two opinions regarding the necessity of the defendant taking an oath. One view states that payment is obligatory upon acknowledgment of the debt, thus an oath is required upon denial. The second view holds that payment is not obligatory due to fear of the transferor denying the transfer later, allowing the defendant to safeguard himself. If payment is not obligatory upon acknowledgment, an oath is not required upon denial.