Is the testimony accepted when the admitting party testifies against the denying party in a pledge dispute?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the admitting party testifies against the denying party regarding the debt or pledge, the testimony of the confessor is accepted if he is upright (adil). This is because his testimony neither draws a benefit to himself nor repels harm from himself. This is the position held by the companions of Al-Shafi'i.
Supporting text
A dissenting view among some companions of Al-Shafi'i suggested that if both deny the claim in their testimony, the pledgee's challenge to their testimony should be considered. They argued that the person receiving the testimony (al-mashhud lahu) claims both defendants are unjust in denying his right to the collateral, and thus their testimony for him should not be accepted. This argument is invalid because merely denying a claim does not establish the moral corruption (fisq) of the defendant, as the denial could stem from forgetfulness or doubt regarding the claim.