An oath to establish a debt

Question

Question: 45 rupees belonging to one trader went missing (were embezzled) in the capital of another trader with whom he had dealings. The second (trader), regarding the determination of this money, wants to make the traders themselves “lift” (i.e. affirm under oath) or to take an oath from them. Apart from this, some other money of the traders is also owed by the second trader, but there is no disagreement about it.

Answer

If the second trader is the plaintiff and wants to recover the money from the traders, and the trader tells him that the money was lost, while the second trader does not believe this but wants to take an oath, and the trader is truthful in his statement, then it is permissible according to the Shariʿa for him to swear an oath, whether orally or in writing.

Source: Fatawa Mahmudiyya

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