Whose testimony prevails when the parties agree on payment but dispute the exact amount?
General Chapter
Al-Mughni
Book of Lost-and-Found Property
Primary text
If the parties agree on the existence of a payment but dispute its precise quantity, the owner's statement prevails. This is because the default state is the absence of the disputed excess amount, and the owner's word is accepted regarding the original agreement for payment, thus extending to its quantity, similar to the case of the capital provider (*rabb al-mal*) in a partnership (*mudharabah*).
Supporting text
An alternative view suggests that both parties should take an oath (mutual swearing, *tahalaf*), analogous to two contracting parties disputing the price, or an employee and employer disputing the wage amount. If they engage in mutual swearing, the contract is dissolved, and compensation equal to the standard rate (*ujrat al-mithl*) becomes obligatory.