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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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One who forgets the amount of a debt owed to him

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Question:
Or the Shaykh comes to judge a debt between them, then asks: How does he repay the debt, or does he send it back?

Answer:
If a person borrows a debt and forgets its amount, he asks the creditor: How much do you know you are owed? If he knows any of the witnesses against him, he asks them, meaning he inquires about it. He asks the creditor and asks those who have knowledge of it. If he is unable to determine the amount of the debt, and the creditor says, "I do not know," and there are no witnesses to inform about this matter, then he estimates it and they reconcile. They reconcile with the owner of the debt and show leniency toward each other, each of them forgiving the other. So the creditor says, "Forgive me; I gave you a pair if there was a pair," and the debtor says, "Forgive me if this is less than my right." They reconcile and show leniency between themselves, as the Prophet (peace and blessings be upon him) guided to this, that if heirs have disputed inheritances and they do not know their amounts, the Prophet (peace and blessings be upon him) ordered them to share in this and to forgive one another. Yes.
Source شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع باب الوضوء - 3 — islamhouse.com (48:00)

The Arabic text is a machine transcription of the audio recording.

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