What is the established value when two witnesses testify to different valuations of a usurped garment?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If one witness testifies the value is two dirhams and another testifies the value is three dirhams, the established value is the amount agreed upon, which is two dirhams. The claimant may then swear an oath (*yahlif*) along with the witness who claimed the higher amount (three dirhams) regarding the excess amount (one dirham). This is because both parties agreed on two dirhams, and one witness asserted an excess of one dirham, similar to a situation where one witness claims one thousand and another claims five hundred. The basis for this is that the witness testifying to two dirhams negates the value being three dirhams, creating a conflict regarding the extra dirham. This differs from amplifying reports, where the one reporting the lesser amount does not negate the greater amount.
Supporting text
Abu Hanifa holds that the value is three dirhams because two witnesses testified to it, establishing proof, which must be accepted, similar to cases where one thousand is claimed by two witnesses and two thousand by two others; in such a case, two thousand is established. Furthermore, if two witnesses testify to two dirhams and two witnesses testify to three dirhams, the established value is two dirhams, which is the position of Al-Shafi'i.