What is the ruling if the pledgee claims to have taken possession of the pledge while the pledgor denies it?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the pledgee claims possession (qabd) and the pledgor denies it, the statement of the party currently holding the pledge prevails. If the pledge is in the pledgor's possession, the default presumption (the original state, which is non-delivery) stands, as there is no evidence to the contrary. If the pledge is in the pledgee's possession, possession is established, as it would not be in his hands unless he had already taken possession.