What is the standing of the principal debtor's denial of payment when the creditor affirms receipt from the guarantor?

Chapter on Guarantee (Daman)

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 4 · Bab 2

Open in Qurani

Primary text

The denial of the principal debtor is disregarded. Since the debt is a right owed to the creditor, his admission of receiving payment from the guarantor constitutes an admission that the right belonging to the creditor has passed to the guarantor, and thus his acknowledgment concerning his own liability must be accepted. This is supported by the principle that a person's testimony concerning their own actions is valid, exemplified by the testimony of a wet nurse regarding suckling, which is established by the narration of Uqba ibn al-Harith.

Supporting text

There is an opposing view that the creditor's admission should not be accepted, because the guarantor is claiming something that entitles him to recourse against the principal debtor, meaning the creditor's statement acts as testimony concerning his own action, which should not be accepted.