How is a dispute resolved when the parties disagree on the timing of the loss of the pledged asset?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the parties dispute the timing of the loss, and the pledgor claims the loss occurred after possession, while the pledgee claims it occurred before possession, the statement of the pledgee is accepted because he is denying possession occurring before that time.