What is the consequence if the defendant pays the full claimed amount or a portion thereof while denying the right?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 8 · Bab 1

Open in Qurani

Primary text

If the defendant pays the claimed amount or part of it while denying the claim, the transaction does not establish the ruling of a sale, nor does preemption apply. This is because the claimant believes he has recovered part of his right or reclaimed his actual property, which is likened to recovering stolen property, not a sale.