If the mortgagee's word is accepted, is he required to swear an oath?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 10 · Bab 1

Open in Qurani

Primary text

If the mortgagee's word is accepted, he must swear an oath in all circumstances because his admission would establish a right in the mortgage. His oath is one of absence of knowledge, as it concerns the actions of others. If he swears, the claim against him is dismissed, but the effect of the mortgagor's prior admission remains tied to the property, meaning if the mortgage ever reverts to the mortgagor, the effect of his admission will manifest.

Supporting text

If the injured party or owner wishes to claim compensation immediately, they may do so, because the mortgagee's action prevented them from enforcing their right to retribution for the injury, thus making the compensation liable upon him, as if he had caused the death.