Is a settlement valid when one claims a debt of one thousand, and the defendant pays money to confirm the debt?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 3 · Bab 1

Open in Qurani

Primary text

If one claims a debt of one thousand from a man, and the defendant denies it, but pays something to affirm the thousand, the settlement is not valid. If the defendant confesses to the debt, the confessed amount becomes obligatory upon him, and he must return what he received as consideration. This is because his confession proves the falsehood of his denial, establishing that the thousand is due from him, thus making its payment obligatory without compensation. It is not permissible to take compensation for fulfilling an obligation.

Supporting text

If the denier pays money to settle the claim against him, the settlement is valid, as previously mentioned.