(OF LEGAL OBLIGATIONS OR RESPONSIBILITIES)
PARTIAL TRANSLATION by Suheil Laher from
Kitab al-Iqrar in “Mukhtasar al-Quduri“
(a summary-text of Hanafi law).
Rulings presented are as inferred from Qur’an and Sunnah by scholars of the Hanafi school.
1.0 MONEY OR ITEMS OWED
- If a free, adult, sane [person] confesses to a right [due] upon him, his acknowledgment is binding upon him, whether what he confesses to is unknown or know, and he is instructed, “Clarify the unknown.
- If he says, “I owe something to so-and-so ,” he must describe something that has value. His word is taken in the matter, along with an oath, if the person to whom the debt is acknowledged claims it to be more than that.
- If he says, “I owe so-and-so money,” then recourse is made to him to clarify it, and his word is taken in [the case of his specifying] either a little or a lot.
- [But] if he says, “I owe so-and-so a lot of money,” his word is not accepted for less than 200 dirhams, and if he says, “[I owe] many dirhams,” then he is not believed in [any amount] less than 10 dirhams.
- If he [simply] says, “dirhams,” then [it is taken as 3, unless he specifies more than that.
- If he says, “I owe him kadha kadha (such-such) dirhams,” he is not believed if [he claims it to be] less than 11 dirhams. If he says, kadha wa kadha (such and such) dirhams, then he is not believed if [he claims it to be] less than 21 dirhams.
- If he says, “I owe him,” or “I am liable to him (lahu qibali),” then he has confessed to a debt, whereas if he says, “I have….”, or “There is with me….” then it is an acknowledgment of a wadi`a (item deposited with him for safekeeping) in his custody.
- If a man says to him, “You owe me a thousand,” and he says, “Take it by weight, “ or “Take it in cash,” or “Give me an extension,” or, “I will pay it back to you, “ then it is an acknowledgment.
2.0 DUE-DATES AND EXCLUSIONS
- If someone admits to a deferred debt, and the one to whom he acknowledges [the debt] affirms him in the [existence of] the debt, but claims he is lying about the deferral, then he is obliged to pay the debt immediately, [but] the plaintiff is made to swear an oath concerning the deferral.
- If someone admits [to an amount] but without delay he excepts some [amount] from his admission, is obliged to pay the remainder, regardless of whether he excepted a small or large amount. But if he excepted the entire amount, he is obliged to pay the entire amount, and his exception is void.
- If he says, “I owe him 200 dirhams, less one dinar” or “less a qafiz of wheat,” then he is obliged to pay 200 dirhams less the value of the dinar or the qafiz. But if he says, “I owe him one hundred and a dirham,” then the 100 are all [taken to be] dirhams. If he says, “ I owe him 100 and a garment” then he is asked to clarify what the 100 are.
- If someone acknowledges a debt but adds, “if God wills,” without delay, then his acknowledgment is not considered binding upon him.
- If someone acknowledges [a debt] but stipulates his having a choice [“I owe you, if I want”], then his acknowledgment is binding, and his stipulation of choice is void.
- If someone acknowledges [owing] a home, but makes an exception for its building for himself. Then the one to whom he acknowledges [the debt] is entitled to the home and the building, but if he says, “the building of this property is mine, but the lot belongs to so-and-so,” then it is [considered to be] as he described.
- If someone acknowledges dates in a straw container (qawsarra) is liable for the dates and the straw container. But if someone acknowledges an animal in a stable, he is liable only for the animal.
- If he says, “I took a garment in a cloth,” he is liable for both, and [similarly] if he says, “a garment in a garment.” But if he says, “I took a garment in 10 garments,” then he is liable for only one garment according to Abu Hanifah and Abu Yusuf. Muhammad said: he is liable for 11 garments.
3.0 ISSUES INVOLVING HEIRS
- If someone says, “I owe 1,000 to the unborn child with whom so-and-so is pregnant,” then if he says, “So-and-so left it as a bequest for him,” or “His father died, so he inherits it,” then the acknowledgment is valid, but if he did not specify then it is not valid according to Abu Yusuf. But if he declares that a man is entitled to the unborn fetus of a ewe, the declaration is valid and binding
- If a man in his terminal illness admits to debts, and he [already] has [known] debts incurred during his healthy days, as well as debts incurred for known causes during his illness, then the debts from his healthy days and the known debts from his illness are given priority over others. If those are paid, and there remains something [of his money] then it goes towards the debt he admitted to. But if he did not have prior debts, then the admission is binding, and the creditor has more right to the money than the heirs.
- A man’s acknowledgment of a debt to his heir is void, unless the other heirs all confirm it.
- If someone in his [last] illness acknowledges a debt to [someone thought to be] a non-relative, then says, “He is my son.” Then his lineage is established but the acknowledgment of debt is void. But if he acknowledges a debt to an unrelated woman, then marries her, the acknowledgment of debt is not voided.
- If someone in his [last] illness divorces his wife thrice [or less] [at her request] then acknowledges a debt to her and dies while she is in the waiting-period] then she is entitled to the lesser amount of the debt and her inheritance [because they might have colluded to use the divorce as a means to validate the acknowledgment].
4.0 ACKNOWLEDGEMENT OF RELATIONSHIPS
- If someone acknowledges [paternity] of a boy, the like of whom could be born to the like of him, and [the boy] has no known lineage, his paternity is established even if [the man] is sick, and [the boy] shares in the inheritance with the [other] heirs.
- A man’s acknowledgment of someone as his parent, child, wife or freed-slave is valid.
- A woman’s acknowledgment of someone as her parent, husband, or freed-slave is valid, but [if she is married or in her waiting period then] her acknowledgment of someone as her child is not valid unless the husband affirms her or a midwife testifies to the birth [in which case the paternity is ascribed to her husband].