What is the ruling if a freed slave (Muktib) claims he paid a sum of money to one of two partners to pay the other partner's share and keep the remainder, and the alleged recipient denies receiving it?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
If the freed slave claims he paid the sum to one partner for distribution to the other partner and for himself, and the recipient denies it, the recipient swears an oath and is absolved. The recipient swears that he only took his own share. There is no dispute between the freed slave and the other partner because the freed slave made no claim against him. The partner whose share was supposedly paid still has the right to claim his entire due from the freed slave, or to claim half from the freed slave and half from the recipient of the money. If the partner chooses to claim from the freed slave, he takes possession without an oath required from the freed slave. If the partner chooses to claim half from his co-partner (the alleged recipient), the co-partner must swear an oath that he did not receive anything from the freed slave. This oath is necessary because if the co-partner had admitted receiving it, his right to seek restitution from his partner would be nullified.
Supporting text
If the partner who allegedly received the payment testifies that his co-partner also received his share, his testimony is not accepted for two reasons: First, the freed slave made no claim against the co-partner, and testimony is only accepted to affirm the claim of the plaintiff. Second, the witness is testifying to absolve himself from a liability. If the freed slave cannot substantiate his claim, the partner who did not receive his share can claim half of the slave's value from the recipient partner, as the slave admits to his enslavement regarding that share, and there is no claim of freedom for that portion. Another opinion suggests that the slave's value is not assessed against the recipient, because one partner claims the slave is entirely free based on the full payment, while the denying partner claims the payment was wrongful, meaning the slave is not freed until the equivalent of what was paid is returned. Thus, they agree on the freedom of the portion corresponding to the amount in dispute but differ on the remainder.