Whose testimony prevails regarding the health status of a hired slave?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the lessor claims the slave fell ill in the lessee's custody, but the lessee returns the slave healthy, the owner's statement prevails, whether the slave supports the owner or contradicts him, as the lessee claims something contrary to the apparent state without proof. If the lessee returns the slave ill, the lessee's statement prevails concerning the duration of the illness, as the lessee is more knowledgeable of what occurred while the item was in his possession. This is the view of Abu Hanifa.
Supporting text
If the lessee claims the slave absconded during the period of absence, or returns the slave as not having absconded, the rule is the same as if the slave was returned ill. Ishaq bin Mansur narrated from Ahmad that the lessee's word is accepted regarding the slave's absconding but not regarding his illness. Al-Thawri and Ishaq held this view. Abu Bakr favored the first opinion, as both circumstances result in the loss of utility.