Whose statement is accepted when a man claims to have a slave as collateral, but the owner denies the mortgage and claims it was usurpation or a loan?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

The statement of the slave owner is accepted. This holds true whether the owner admits to owing the debt or denies it, because the default presumption is the absence of a mortgage. This ruling is based on the principle that possession without a clear contract defaults to ownership unless proven otherwise.