anything to their deceased relative. If they refuse to swear, the two partners swear that they paid it to him and recover from them, out of the estate, the deceased’s share of that amount. He said: “The two partners may not swear that the deceased paid it from their funds and thereby be discharged from liability, because whatever was in the deceased’s possession is deemed his property until payment to him is established.” Some Andalusian scholars held that the two partners swear that the deceased paid it from their funds, are discharged from liability, and recover their respective shares from the heirs if the latter do not swear. There are thus three opinions concerning this possibility:

The first is that the two partners swear and are discharged from liability for their respective shares, but do not recover their respective shares from the heirs.

The second is that they swear, are discharged from liability for their respective shares, and recover their respective shares from the heirs.

The third is that they are not permitted to swear.

In my view, sound consideration requires the following: if the two partners have no evidence supporting their claim to have paid the money to the deceased, and the two witnesses have not testified to that payment, the heirs should be told: “Swear that you have no knowledge that they paid him anything.” If they swear to this, the two partners are not permitted to swear. The seller then swears, because of the heirs’ refusal to swear, and recovers what is due to him from both the two partners and the heirs. If, however, the heirs refuse to swear, the two partners swear that they paid it to him and that he paid it to the seller. They are then discharged from liability for their respective shares and recover their respective shares from the heirs.

As for the third possibility—namely, that they say, “He paid the seller from his own funds and ours”—according to Ibn Abī Zayd’s opinion, the two partners swear and are discharged from liability, while the seller swears and recovers from the heirs the share due from the deceased. According to Abū Ishāq al-Tūnisī’s position, the two partners are not permitted to swear; the seller swears and recovers his money from all of them. In my view, sound consideration, on the basis already explained, requires that the heirs be told: “Swear that you have no knowledge that they paid him anything.” If they swear to this, the two partners are not permitted to swear, and the seller swears and has recourse against all of them