Musannaf Ibn Abi Shaybah 23394
✧ Regarding a man who has a debt owed by another man, and the latter denies it
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حَدَّثَنَا عَبْدُ السَّلَامِ، عَنْ عَطَاءٍ قَالَ:
كَانَ لِرَجُلٍ مِنْ أَصْحَابِنَا عَلَى رَجُلٍ مَالٌ فَجَحَدَهُ، ثُمَّ وَقَعَ لَهُ عِنْدِي شَيْءٌ، فَجَاءَنِي وَسَأَلَنِي وَسَأَلَ أَصْحَابَنَا ؟ فَقَالُوا: يَأْخُذُهُ، وَسَأَلْتُ ابْنَ مَعْقِلٍ ؟ فَقَالَ: يُؤَدِّي أَمَانَتَهُ وَيَطْلُبُ حَقَّهُ، فَإِنْ كَانَتْ لَهُ بَيِّنَةٌ أَخَذَ بِحَقِّهِ وَإِلَّا اسْتَحْلَفَهُ
Translation
Machine translation, not reviewed
A man among our companions was owed money by a man who denied it. Then something of his came into my possession, and he came to me and asked me, and asked our companions. They said: He should take it. I asked Ibn Ma'qil, and he said: He should return the trust and seek his right. If he has evidence, he takes his right; otherwise, he has the other party swear an oath.
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