What is the required belief state for the validity of reconciliation based on denial?
General Chapter
Al-Mughni
Book of Settlement
Primary text
This reconciliation is valid only if the claimant believes that what he claims is genuinely his right, and the denying defendant believes that he owes nothing but pays something to redeem himself from swearing an oath, avoid litigation, and preserve his honor and status from public humiliation before a judge. The claimant receives this payment as compensation for his established right, and the defendant pays it to avert harm and terminate the dispute. The payment may be of the same genus as the right claimed or a different genus.
Supporting text
If the amount taken is of the same genus as the right claimed, it is valid up to the amount claimed; taking more renders the excess unjust. If the payment is of a different genus, it constitutes a sale in the right of the claimant. If the payment is property like a share of a house or real estate, preemption (shuf'ah) applies regarding the claimant's right, and if a defect is found, he may return it and revert to his original claim. However, in the right of the denier, it is treated as a discharge (ibra'), as he paid to redeem his oath and avoid harm, not as consideration for a right he believed he owed.