- The Book of Acknowledgement
When a free, adult, sane person acknowledges a liability, his acknowledgment becomes binding on him, whether the thing he admits is specified or left vague. He is then told: “Clarify what is unclear.” Hence, if he says, “So-and-so has something against me,” he must specify an item that has an ascertainable value. Should the claimant allege a larger amount than the debtor specifies, the debtor’s word is accepted once he swears an oath.
If he says, “So-and-so has wealth (māl) against me,” the clarification is left to him, and his statement is accepted whether the sum is small or large. Yet if he says, “He has a great amount of wealth against me,” he is not believed in less than two hundred dirhams. If he says, “Many dirhams,” he is not believed in less than ten dirhams. If he merely says, “Dirhams,” the default is three, unless he declares a higher figure. If he says, “Such-and-such dirhams are due from me to so-and-so,” he is not believed in less than eleven dirhams; and if he says, “Such-and-such dirhams are due from me,” he is not believed in less than twenty-one dirhams. And if he says, “So-and-so has against me a garment,” he has acknowledged a debt.
If he says, “It is with me,” or “It is in my possession,” that counts as an acknowledgment of a trust in his hand. Likewise, if someone says to him, “You owe me one thousand,” and he replies, “Weigh it,” “Take its value,” “Give me respite for it,” or “I have already paid you,” this constitutes an acknowledgment.
When a person admits a deferred debt and the claimant believes him regarding the debt but denies the deferment, the debt becomes immediately payable, and the claimant is made to swear with respect to the term.
If a person makes an acknowledgment and, in the same breath, makes an exception, the exception is valid and he remains liable for the balance, whether the portion excepted is smaller or larger. But if he excepts the entire amount, the acknowledgment stands and the exception is void.
Should he say, “He has against me one hundred dirhams except for a dinar,” or “…except for a bushel of wheat,” he must pay one hundred dirhams minus the value of the dinar or of the bushel.
If he says, “He has against me one hundred and a dirham,” the whole one hundred are counted as dirhams. And if he says, “He has against me one hundred and a garment,” only one garment is due, while the interpretation of what the ‘one hundred’ consists of is left to him.
Whoever acknowledges a right and then immediately adds, “if Allah wills,” the acknowledgment is not binding. Whoever acknowledges and stipulates an option, the acknowledgment is binding and the option is null. If one acknowledges a house but excepts its structure for himself, the house together with its structure goes to the claimant. Yet if he says, “The building of this house is mine and the land beneath it belongs to so-and-so,” it is as he has stated.
Whoever acknowledges dates in a basket is liable for both the dates and the basket. Whoever acknowledges an animal in a stable is liable only for the animal. And if he says, “I usurped a garment in—”