Is the testimony of a creditor against a debtor admissible for the debtor?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
The testimony of a person who has a debt claim against another is admissible for that person concerning debts or bequests owed to the debtor. This is the position of the majority of scholars. The evidence supporting this is that the creditor is trustworthy and not suspected, as their testimony does not draw a benefit to themselves, nor does it ward off harm. In fact, testifying against the debtor, who is also their co-claimant (in the event the debtor is deceased), harms the testifying creditor by reducing the amount they can recover. Therefore, their testimony is closer to truthfulness and more worthy of acceptance. This situation is analogous to a stranger whose testimony is accepted despite the potential for reduced recovery.
Supporting text
Ibn Abi Layla rejected this, stating that the testimony of a creditor against their deceased debtor is inadmissible, possibly to prevent collusion where the creditor might collude with someone who testifies to a debt owed to the creditor, leading to a pro-rata division (muhasah) of the estate.