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Summary
Yahya said: I also heard Malik say: the practice among us is that when two men differ over a pledge, one of them pledges it to the other, and the pledgor says: I pledged it to you for ten dinars; and the pledgee says: I took it from you for twenty dinars, and the pledge is visibly in the pledgee's hand. Malik said: the pledgee swears until he covers the value of the pledge. If there is neither increase nor decrease over what he swore he had in it, the pledgee takes his right, and he has the better claim to swear first, since he took the pledge and holds it, unless the owner of the pledge wishes to pay him the right he swore to and take back his pledge. 1
Place in the museum
Belongs to the Muwatta, Book of Judgments. Source: the Muwatta. Mentions Yahya ibn Yahya al-Laythi, Malik ibn Anas. Built on in the chapters on pledge (rahn) and judgment (qada).
Connections
- Part of
- Muwatta, Book of Judgements (aqdiya)
- Mentions
- Yahya ibn Yahya al-Laythi· Malik ibn Anas
- Basis for
- pledge (rahn)· judgement (qada')
People and things also explored
Muwatta 2103· Muwatta 2104· Muwatta 2105· Muwatta 2108· Muwatta 2111· Muwatta 2123· Muwatta 2124· Muwatta 2126
Sources
- Muwatta, recension of Yahya ibn Yahya al-Laythi (ed. Bashar Awwad Ma'ruf) , p.275
Cite this page
islam.museum contributors. “Muwatta 2141”. islam.museum, https://islam.museum/en/passage/muwatta-22-2141/. CC BY-SA 4.0. Last updated 2026-10-17.