A man bought goods from a merchant and did not pay him the price, then after a period of time the merchant demanded his money from him, and he claimed that he had paid it to him, so what is the ruling in this matter?

The questioner : The price. I said to him, yes, it is possible, because I did not return. May Allah reward you with good. This is the price, and he gave it to me. Pay me the price. Then I went to the shop. An hour later, he came to the shop. He said: I remembered that I recorded on a day, either the eighth or the ninth, that I paid the price for these goods. It is written, meaning.

The Shaykh : Meaning he claims that he had already paid the price?

The questioner : Yes, that it is recorded with him, documented with him, that on this day, either the eighth or the ninth, he paid the price.

The Shaykh : Meaning, according to his opinion, he paid the price twice.
The student : He paid the price twice now.

The Shaykh : His claim.

The questioner : Yes. So he said to me: I do not remember to whom I paid, but since I only record when I pay, I asked those in the shop, meaning my brother and others who are present in the shop. They said: He did not pay. So I returned to him. He said: Perhaps I paid it to you. I said: I do not remember that you paid me this price, and I did not come to you until the time had passed and I feared that you would forget. So he said to me: Remember, and ask the brothers, perhaps they forgot or something. So I asked them a second time. They said: He did not pay. And I do not remember that he paid. Rather, I feared that you would forget the matter, so that is why I went to his house. So he said to me, meaning, ask about this case. So I would like your answer, meaning, if you have one?

The Shaykh : The answer: First, as is known in the Shari'ah, the proof is on the claimant, and the oath is on the denier. So you deny, and he claims, so the proof is on him. If he does not have proof, then he has no right over you. But you, in order to reassure him, if you take an oath, and you will naturally be truthful and sincere in your oath, then there is nothing on you in the Shari'ah if you take the oath and you are aware, because you did not take from him twice. This is the ruling of the Shari'ah, and this is very clear. But here, there is a matter that settles in the mind, and in every mind that hears this story, one wonders: Is it a small amount such that the payer and the receiver might forget it, or is it not so?

The questioner : One hundred and forty dinars.

The Shaykh : Okay, how is it that he does not know, except that he argues with his writing? And how is it that you do not remember, if you actually received from him what he recorded with him? This is a suspicious matter and leads to questioning. This is from the intellectual aspect, but from the Shari'ah aspect, you have known the answer.

The questioner : May Allah reward you with good. Does he not argue by saying: Rather, the proof is on me that I...?

The Shaykh: No, no.

The questioner : He does not argue with that, because he...

The Shaykh : He is the claimant.

The questioner : I told him after a period of time.

The Shaykh : He is the claimant that he paid.

The questioner : Does he not argue by saying that I am the one who claims that he did not pay?

The Shaykh: No.

The questioner : So it is on him.
The student : The original state is negation.

The Shaykh : Yes?
The student : The original state is negation.

The Shaykh : Yes, proof is necessary.
The student : Our Shaykh, if he said in the language of contemporary merchants: The merchant's ledger is evidence. If he said: My proof is the ledger.

The Shaykh: No.

The questioner : He is not a merchant, he is a customer.

The Shaykh : Even if he were a merchant.

The questioner : Even we returned to our ledgers, we record these things. We returned to our ledgers and did not find that. And we also returned to the brothers, and he is contradicting himself in his speech. He says in one instance, perhaps I paid your brother, and in a second instance, he says, perhaps I paid you.
The student : The original state is the oath here.

The Shaykh : Yes, it is possible that he was actually planning to pay, and that he recorded it in advance on the basis that he would pay soon, then he was occupied.
The student : And on this day, our Shaykh, the ninth of the month that he claimed he paid, or the eighth, I delivered the goods to him on the ninth of the month, and he did not see me and I did not see him. And this means by my agreement and his agreement.

The Shaykh: Yes.

The questioner : And he did not come.

The Shaykh : Okay, do you have doubt? Or are you questioning?

The questioner : I do not have doubt about that.

The Shaykh : That is enough, rest your mind.

The questioner : May Allah reward you with good, may Allah bless you.

The Shaykh : Welcome.