What is the required scope of an oath when the defendant denies an alleged claim (such as usurpation, deposit, or loan)?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
The oath taken by the person swearing must conform precisely to their denial. If the claimant alleges usurpation (ghasb), depositing a trust (wadi'ah), or borrowing (qard), the response of the defendant is examined. If the defendant states, "I did not usurp it from you, nor did you deposit it with me, nor did you lend to me," the defendant must swear to that specific denial. Similarly, if the defendant states, "You have no right against me," or "You are not entitled to what you claim, nor any part of it," this constitutes a valid answer. The defendant is not compelled to respond specifically about the usurpation, deposit, or loan because it is possible that the item was usurped and subsequently returned. If the defendant were compelled to deny the original act when they had returned the item, they would be a liar. If the defendant admitted the initial act but then claimed to have returned the item, the claim of return is not accepted. Therefore, the oath taken is based on the specific answer provided.
Supporting text
Regarding the sale of a house, if the claimant alleges they purchased the property in the defendant's possession, and the defendant denies it and requests an oath, if the defendant answers by saying, "You are not entitled to it," they swear to that and are not obligated to swear that they did not purchase it, as a sale followed by a return is possible. If the defendant answers, "You did not buy it from me," they swear to that.