When the mortgagor's word is accepted regarding an issue (e.g., denial of intercourse), is he required to swear an oath?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
The soundest opinion is that if the mortgagor acknowledges manumission, he is not required to swear an oath, as this declaration is treated as his direct statement of freedom ('Anta Hurr'), which does not require an oath. This aligns with situations where the mortgagor's word is accepted regarding injury or wrongful seizure, provided the injured party or owner does not claim it; in that case, the oath is upon the claimants.
Supporting text
The القاضي (The Judge) holds that when the mortgagor's word is accepted, it requires his oath because falsity is possible. Some of Al-Shafi'i's companions differ regarding the requirement of an oath, aligning with their differing views on the primary issue. Another view suggests he is not required to swear an oath because if he retracted his admission, it would not be accepted, rendering the oath useless.