Whose testimony prevails if the pledgor and pawnee disagree on the value of the pledged item when it perishes under circumstances where the pawnee is liable for its value?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 2 · Bab 1

Open in Qurani

Primary text

If they disagree on the value of the pledge when it perishes due to the pawnee's transgression or failure to secure it, the statement of the pledgor, supported by his oath, is accepted. This is because the pawnee is the liable party (*ghārim*) and the denier of the obligation to pay more than what he admitted. This view is held by Al-Shafi'i, and no opposition to this specific ruling is known.