There is a third view in this issue: that the pledgee’s statement is accepted unconditionally, but this is weak. Thus, the view that the pledgor’s statement is accepted unconditionally is weak, and the view that the pledgee’s statement is accepted unconditionally is likewise weak. The correct position is to distinguish between cases: the statement of whichever party is supported by customary practice is accepted, for when the apparent indication is strong, it takes precedence over the underlying presumption. Thus, if there is a strong indication showing that the claim supported by the apparent circumstances is more likely, it overrides the underlying presumption, as mentioned previously.
However, there remains the question of what happens if the pledgee claims that the debt is fifty thousand, on the basis that the car is worth fifty thousand, but then, seeing that his claim is not accepted, says: “Then the debt is forty thousand.” In this case, do we say that pledging a car worth fifty thousand makes a debt of forty thousand reasonably likely, and so accept his statement after he has revised it? Or do we say that this man is lying, so that his statement is not accepted?
The answer is that the latter apparent conclusion is preferable. Accordingly, we say that the debt is the amount claimed by the pledgor.
Accordingly, the rule is: “Whenever either party claims something that plainly contradicts the apparent circumstances, we do not accept his claim.”
His words: “And the pledge.” If the pledgee says, “You pledged two items to me,” while the pledgor says, “Rather, I pledged only one item to you,” the pledgor’s statement is accepted, because the underlying presumption is that there was no addition. For example, the pledgee says, “You pledged both houses to me,” while the pledgor says, “Rather, I pledged only one house to you.” The pledgor’s statement is accepted. Accordingly, the second house is unencumbered and not pledged, and the pledgor may dispose of it as he wishes. The basis for this is the hadith mentioned previously: “The claimant must produce evidence