Book of Acknowledgment (iqrār)
A valid acknowledgment is accepted only from a person who enjoys unrestricted legal capacity to dispose of property. Any acknowledgment issued by a minor or an insane person is void. If the minor alleges that he has reached puberty through seminal emission and such a claim is physically possible, he is believed without being required to take an oath; if he bases the claim on age, he must provide evidence. The ruling concerning the prodigal (safīh) and the near-pubescent youth who has been permitted to transact (al-mughallis) has already been stated.
A slave’s confession that entails a criminal punishment is accepted. If he admits liability for an injury that does not require a corporal punishment and his master contradicts him, the debt attaches to the slave’s personal liability, not to his person (raqabah). When the slave acknowledges a commercial debt, that acknowledgment is not enforceable against the master unless the slave was authorized to trade; where such authorization exists, the confession is accepted and payment is taken from the slave’s earnings and whatever property he controls.
A person on his deathbed may validly acknowledge a debt in favor of a non-heir, and—according to the established view—in favor of an heir as well. If he acknowledges one debt while healthy and, during his terminal illness, another debt to someone else, the earlier debt enjoys no priority. The same applies if he acknowledges a debt in health or sickness and, after his death, his heir acknowledges a further debt: according to the sounder opinion, the first acknowledgment is not preferred.
An acknowledgment extracted under duress is invalid. The beneficiary must be legally capable of acquiring the right that is acknowledged. Hence, if someone says, “This beast has such-and-such against me,” the statement is meaningless; but if he says, “On account of this beast I owe its owner such-and-such,” the obligation is binding. If he says, “Hind’s unborn child is entitled to such-and-such from me by inheritance or bequest,” he is bound thereby; yet, if he attributes the right to a cause that cannot in law accrue to the fetus, the statement is void. Should he make the acknowledgment without specifying any cause, it is valid according to the stronger view.
If the person in whose favor the acknowledgment was made denies it, the property remains with the confessing party, according to the soundest opinion. Should the confessing party, while being denied, retract and say, “I was mistaken,” his retraction is accepted, again according to the stronger opinion.
Section
The phrase “Such-and-such belongs to Zayd” is an explicit formula of acknowledgment. The expressions “it is due from me” and “it is in my liability” relate to a debt, whereas “it is with me” and “it is in my possession” relate to a specific item. If the claimant says, “You owe me one thousand,” and the respondent answers, “Weigh it,” “Take it,” “Weigh it yourself,” “Take it,” “Seal it,” or “Put it in your purse,” this does not constitute an acknowledgment. By contrast, if he replies, “Indeed,” “Yes,” “You are right,” “You have absolved me,” “I have paid it,” or “I acknowledge it,” that is a valid acknowledgment. The statements “I am a confessor” or “I will acknowledge it” do not amount to an acknowledgment. Likewise, if the claimant asks, “Do I not have such-and-such against you?” and he replies, “Indeed,” or “Yes,” that is an acknowledgment.