What is the legal ruling when the defendant confesses to receiving the total sum claimed but asserts he paid half to his partner, who then denies receiving it?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 1 · Bab 1

Open in Qurani

Primary text

The statement of the partner who denies receipt is accepted, contingent upon his oath. The claimant has the right to pursue the full amount from either the defendant or the partner. If the claimant pursues the partner and obtains fifty, that is permissible because the defendant confessed to receiving the full hundred. The contract of manumission (kitabah) is fulfilled because each party received their due share concerning the manumission payment. The defendant cannot seek recourse against the partner because the partner admits to the defendant fulfilling his obligation to him; the defendant's grievance is solely against his co-partner, so recourse is only against the oppressor.