Denying liability (kafala) under oath

Question

Question: Zayd was in debt to a non-Muslim. Whenever the creditor demanded payment, he flatly denied it. So the creditor sought redress in court, and the case was made to rest on Zayd’s oath. In the competent court Zayd, raising the Noble Qur’an, disclaimed liability for the debt, and so the suit was dismissed. What, according to the Shari‘a, is the punishment and the expiation (kaffara) for Zayd for the false oath?

Answer

If Zayd really owes a debt that is due for payment and he swore a false oath, then paying that debt is necessary; otherwise he will be called to account in the Hereafter. The sin of this lie is separate, and sincere repentance for it from the heart is necessary. As for kaffara, in the Shari‘a nothing is fard upon him apart from repentance (tawba)

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.