What is the procedure if the defendant initially refuses the oath but later offers to swear?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
If the defendant refuses the oath and subsequently offers to swear in a new session, the offer is not accepted. This is because the oath is originally incumbent upon the defendant, and once they refuse or waive it, their right concerning that specific oath is forfeited due to its subordinate nature (being a replacement/substitute right for the plaintiff's claim), unlike the defendant's oath which is primary.
Supporting text
If the defendant refuses the oath but offers it in the same session, it is not accepted. However, if the defendant refuses the oath and the judge declares they will rule against them, and the defendant then swears, the oath is accepted. If the defendant swears and judgment is passed against them, and they later offer the oath or judicial ruling based on their refusal, the offer is not heard because the judgment is final and cannot be overturned, analogous to a ruling based on proven evidence.