What is the ruling when two witnesses testify that a person took money from a minor, where each testimony affirms a different thousand?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If each witness testifies to a non-specific thousand dirhams taken from the minor, the guardian must claim the total of two thousand dirhams from both individuals, as it is established that each person is liable for one thousand. This is analogous to both parties admitting liability for one thousand.
Supporting text
If the testimony concerns a specific thousand dirhams, and one witness testifies that a specific person took it, only one thousand is due, and the guardian may claim it from whomever he chooses. If the liable party returned it to the minor, their liability is not discharged because the minor cannot validly take possession. If the party who did not return it pays, they cannot recourse against the other. If the party who returned it pays, they have recourse against the one who did not return it. If the one who did not return it pays and claims the liability was actually on the other, the word of the other is taken with his oath, as the original state is non-liability.