What is the ruling if the pledgee admits to granting permission and admitting the intercourse, but denies the child is from that permitted intercourse, attributing it instead to a husband or fornication?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the pledgee admits to granting permission, admitting the intercourse occurred, admitting the birth, and admitting that a sufficient period passed between the intercourse and the birth allowing for pregnancy, then the statement of the mortgagor (*rahin*) is accepted, and the denial of the pledgee is disregarded. This is established without the need for an oath because the attribution to the mortgagor is based on religious law (*shar'*) rather than the mortgagor's mere claim. This is the established position of Al-Shafi'i.
Supporting text
If the pledgee denies any one of these four conditions—denying permission, denying intercourse occurred, denying a sufficient period passed for gestation since the intercourse, or denying the child is the offspring of the mortgaged woman—then the statement of the pledgee is accepted, as the default presumption is the non-existence of these matters, and the validity of the pledge agreement remains until evidence proves otherwise.