If they agree on the pledge securing one thousand, but disagree on whether it secures the immediate or deferred portion of the debt, whose statement prevails?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 5 · Bab 1

Open in Qurani

Primary text

If they agree the pledge is for one thousand, but the pledgor states it is for the deferred portion (*mu'ajjal*) and the pawnee claims it is for the immediate portion (*hal*), the statement of the pledgor, supported by his oath, prevails. This is because the pledgor is the denier, and since his word is accepted regarding the essence of the pledge, it is similarly accepted regarding its condition.

Supporting text

In all these cases of disagreement regarding the debt amount or its conditions, if either party possesses clear evidence (*bayyinah*), judgment is rendered based on that evidence without dispute.