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)

Book 13 · Issue 4 · Bab 1

Open in Qurani

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.