Whose testimony is accepted when a worker claims to have returned capital, and the capital provider denies the return?
General Chapter
Al-Mughni
Book of Partnership
Primary text
The statement of the capital provider is accepted, contingent upon their oath. This is the position stated by Ahmad. The primary reasoning is that the capital provider is the denier, and the statement of the denier is accepted. Furthermore, the worker possessed the capital for his own benefit, thus his claim of return is not accepted, similar to a borrower. This contrasts with the custodian (Wadi'), who derives no personal benefit from the deposit.
Supporting text
There are two views among the followers of Al-Shafi'i. One view aligns with the primary position stated here. The second view accepts the worker's statement because the worker is considered a custodian, and since the majority of benefit accrues to the capital provider, the worker is likened to one holding a deposit (Wadi').