How is a dispute resolved when the parties disagree on the timing of grape juice turning into wine while in pledge?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the pledged asset was grape juice and it turned into wine, and the parties dispute the timing of this transformation, the statement of the pledgor is accepted, as explicitly stated by Ahmad. This is because they both agreed on the contract and the possession; the dispute is only regarding the event that invalidates the pledge (fermentation). Therefore, the statement of the one denying the invalidating event is accepted, similar to a dispute over a void condition. This differs from a dispute over a defect because in this case, both parties agree on possession, whereas in the defect case, they dispute the possession of the lost part, and here they dispute something that invalidates the contract itself, unlike a mere defect.
Supporting text
A second narration suggests the statement of the pledgee should be accepted, aligning with Abu Hanifa, because the default assumption is non-possession, analogous to disputing the timing of a defect.