What is an alternative method suggested by some of Al-Shafi'i's companions for a creditor to acquire property in a contested situation?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 12 · Bab 1

Open in Qurani

Primary text

Some of Al-Shafi'i's companions suggested a stratagem: the creditor colludes with another person who claims a debt against the debtor in court. The debtor then confesses ownership of the property the creditor wants to acquire. Consequently, the debtor is prevented from settling the original debt, allowing the judge to sell the acquired property and hand it over to the claimant (the creditor).