What is the ruling when payers disagree on the distribution of a debt payment when their shares were unequal?
General Chapter
Al-Mughni
Book of Mukātaba (Contractual Manumission)
Primary text
When parties who owe a debt, or a portion thereof, make a payment and then disagree on how it was distributed, the opinion of the person whose share of the debt was greater prevails. This is because the presumption is that an individual who owes a debt will not pay more than what is actually owed, giving preference to their claim. This view is held authoritatively.
Supporting text
The counter-claim is that the payment was made equally, meaning the person whose debt share was smaller claims a surplus or that the excess payment was a deposit (*wadi'ah*) held by the principal creditor.