Whose statement is accepted when there is a dispute over the return of the pledged item to the pledgor?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
The statement of the pledgee is accepted when there is a dispute regarding the return of the pledge to the pledgor. This is because the pledgee is in the position of denial, and the default legal status (Asl) regarding the item is in favor of the pledgor (i.e., the item remains pledged until proven returned). The same ruling applies to a lessee when they claim to have returned the leased property.
Supporting text
A secondary view, derived from the opinion of Abu al-Khattab, suggests that the statement of the pledgee and the lessee should be accepted regarding the return. This is based on the differing rulings concerning an agent managing a venture for profit (Mudharib) or an agent with a fixed fee (Wakeel bi Ja'l) who claim to have returned the property, where two views exist. The distinction is drawn because the pledgee and the lessee take possession for their own benefit (usufruct of the pledge or the leased item), whereas the agent for profit seeks the profit, and the agent with a fixed fee seeks the fee, not necessarily the possession of the principal asset itself.