Likewise, the pledgor’s statement is accepted, along with his oath. He must swear an oath, based on the Prophet’s saying: “The claimant must produce evidence, and the one who denies must swear an oath.” (1) Here we have two parties: the first is the pledgor, who denies that he owes five thousand.
The second party is the pledgee, who claims that he is owed five thousand. Applying the hadith, “The claimant must produce evidence, and the one who denies must swear an oath,” (2) we say: the pledgor’s statement is accepted with his oath, whereas the pledgee’s statement is not accepted unless he produces evidence.
The apparent meaning of the author’s words—may Allah have mercy on him—is that there is no difference whether the debt claimed by the pledgor is close to the value of the pledged item or far below it.
For example, if he pledges a car against a debt, then, when the debt falls due, the pledgor comes to the pledgee with one hundred riyals. The pledgee says, “The debt is five thousand riyals,” and the pledgor replies, “No, it is only one hundred riyals.” Here, we have an underlying presumption and an apparent indication.
The underlying presumption is that what the pledgee claims has not been established, since the pledgor denies it, saying, “I owe no more than one hundred riyals.” The apparent indication in this case, however, supports what the pledgee claims, since it is not customary for someone to pledge a car worth fifty thousand for one hundred riyals.
Thus, where there is an apparent indication and an underlying presumption, the apparent meaning of the author’s words is what we have mentioned: that there is no difference whether the debt claimed by the pledgor is close to the value of the pledged item or far below it. But if we wish to apply this according to the principles of the Shariah, we give precedence to whichever is stronger: the apparent indication or the underlying presumption. Hence, if the matter is established by evidence, we follow what the evidence establishes, even if the pledgor claims a lesser amount.
Accordingly, we say that the apparent indication disproves the pledgor’s statement, and the underlying presumption is therefore in favor of the pledgee.