What is the ruling if the mortgagor acknowledges having wrongfully seized (ghasb) the mortgaged property or having inflicted an injury (janayah) upon her that established liability for compensation (arsh) against her neck?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
The ruling is the same as in the case of acknowledging intercourse subsequent to the contract's finalization: the acknowledgment is not accepted against the mortgagee unless the claimant (the one whose property was seized or the injured party) affirms the claim. If they affirm it, the oath is upon them because the right belongs to them, and their retraction of the claim is accepted, thus the oath falls upon them like in other claims.
Supporting text
Al-Shafi'i holds two differing opinions on this matter.