If a Person Owes a Debt but Denies It

Hazrat Ibn Ma'qil was asked about a person to whom someone owed a debt, but the debtor denied it. Later, the creditor became able to take some of the debtor's wealth. He replied: He should not take compensation from it; he should return his trust to him.

Hazrat Sha'bi (may Allah have mercy on him) says regarding this that he has succeeded.

Hazrat Ata says that one of our companions had some wealth due from another person, but that person denied it. Later, something belonging to him came into my possession. He came to me and asked me about it, and also inquired from our companions. They said: He should take it from him. Then I asked Hazrat Ibn Ma'qil. He said: He should give it to him as a trust and demand his right from him. If he has witnesses, he should take his right; otherwise, he should make him swear an oath.

When Hazrat Muhammad bin Sirin was asked about this, he recited this verse: { وَإِنْ عَاقَبْتُمْ فَعَاقِبُوا بِمِثْلِ مَا عُوقِبْتُمْ بِہِ }.

Ibrahim says that he will withhold until he makes him take an oath.

Hazrat Sha’bah says that I asked Hazrat Hakam: If a person owes a debt and he denies it, then afterwards that person’s wealth comes into possession? Hazrat Hakam replied that Ibrahim says: When he does not fear that he will be made to swear an oath, then if he takes possession, there is no harm in it.

24442 - Abu Bakr narrated to us, he said: (Waki‘ said:) (and) (so) (we say) (likewise).

Hazrat Hisham narrates from his father that it is written in the Torah: Do not betray the betrayer; his betrayal is sufficient for you.

Hazrat Mujahid was asked about this, so he said: Do not betray him.

Hasan (may Allah have mercy on him) also says the same.

Hazrat Abu Majliz and Yahya bin Aqeel, one of them said: A person betrayed me and ran away with my dirhams, then his dirhams came to me, so should I take his dirhams just as he took mine? He said: Do not take, so that I also do not take. But the other replied: I will take.

The Noble Prophet (peace and blessings be upon him) said: Fulfill the trust, and do not betray even the one who betrays you.

Hazrat Sufyan says that if gold is exchanged for gold and silver for silver, there is no harm; but goods and animals should not be exchanged for gold or silver. Hazrat Waki’ also says that we will say the same.

24449 - Abu Bakr narrated to us, he said: (He said) (1) Waki‘: And thus we say.

Hazrat Sha’bi (may Allah have mercy on him) says: He has succeeded with it.