Whose testimony prevails regarding a defect in the slave that diminishes value, such as theft or running away (Ibaaq)?
General Chapter
Al-Mughni
Book of Manumission
Primary text
If there is a disagreement regarding a defect that reduces value, like theft or running away, the statement of the partner prevails. This preference for the partner's claim regarding the defect aligns with the preference given to the manumitting party's claim concerning the denial of acquired skills, based on presumptions of soundness.
Supporting text
If the defect existed at the time of the dispute, and they disagree on whether it was newly acquired, the statement of the manumitting party prevails because the default is the acquittal of his responsibility and the continuation of the previous state without new defects arising. Alternatively, it is suggested that the partner's statement prevails because the default position is the slave being free from such a defect at the time of manumission.