to ten,” or “between one dirham and ten,” he is liable for nine.
If he says, “He has a dirham—before it a dirham and after it a dirham,” or, “a dirham and a dirham, and a dirham,” he is liable for three, and likewise if he simply repeats, “a dirham, a dirham, a dirham.” Should he have intended mere emphasis, then his liability follows whatever he intended.
If he declares, “He has a dirham against me—rather, a dinar,” both sums become binding upon him.
If he states, “He has a dirham in a dinar,” he is liable for a dirham; but if he explains, “I meant the conjunction—or the sense of ‘along with’,” both sums are binding.
If he says, “He has a dirham in ten,” he is liable for one dirham, unless custom indicates otherwise, in which case he is bound by what custom requires. Alternatively, if he refers¹ the matter to calculation, even if he is² ignorant of it, he is liable for ten; or if he refers³ it to combination, he is liable for eleven.
Should he say, “He has dates in a sack, a sword⁴ in a scabbard, or a garment in a cloth wrapper,” this is not an admission⁵ of ownership of the second item.
But if he says, “He has a ring set with a stone,” or, “a sword with its scabbard,” it counts as an admission of both.
An admission of a tree is not an admission of the land in which it stands, so he⁶ does not own the right to plant something else in its place if it perishes, nor may he charge rent for it while it remains.
If he says, “I owe him a dirham—or a dinar,” one of the two becomes binding, and he must designate which of the two he will pay.