The Book Of ( Iqrar ) Professing

Professing in this context means one's declaration and reporting of some one's right due on him or negating the existence of one's own right on others, such declaration could be made by means of any words that can express and indicate one's intention according to common understanding even if they are not very explicit, even gestures and making known hints are enough.

Rule (926) For the effectiveness of professing, it is not necessary for it to be the first hand declaration or to be understood from one's statement directly or indirectly, even if it is learnt from another statement in some indirect way still it is effective like if one says, ~the house where I live I had bought it from Mr. 'A'." This is an indirect professing of the fact that the house used to be the property of Mr. 'A' and he claims its transfer to himself, likewise, is when one of the disputing parties makes a statement like it, it is a declaration that the property belonged to the other party before.

Rule (927) The professed matter must be of such a nature that if the professing party is true in his declaration, the party concerned must be able to enforce the consequences of the declaration, thus, the subject of the declaration must be a property as a debt on him, or a substance, a profit of a substance with him, some work, or right like the right of having the choice to revoke a contract, or Al-Shuf'a the right of way or real property easements or matters concerning utilities etc., otherwise, the professing is not valid like if one professes that he owes Mr. 'A' the cost of some wine or because of gambling etc.

Rule (928) If one professes about some thing and then changes it with a different statement, if this is a change in the first statement, his first statement is effective but not the second like if he states, "I owe 20 dollars to 'A' and then says no, I owe him ten," he will be made to pay 20. But if it is not a change, and, in fact, it is an indication to explain his intention, the meaning of his whole statement is enforced like if he says," I owe to Mr. 'A' 20 dollars minus five, this is a professing for 15 due on him only this much is enforced.

Rule (929) It is necessary for the party professing to be mature and free, the professing of a child is not effective and enforceable. The professing of a dying person who does not recover, if suspected of acting against the interests of the heirs is only effective in the one third of his legacy.

Rule (931) If one states, " I owe him property," he is made to pay even if he interprets it as some property that he does not own, it still will not be accepted.

Rule (932) If one says," this is for 'A', in fact, for 'B'," that thing goes to 'A' and he has to compensate for it to 'B'. In matters of weighing and measuring or cash it will be decided according to the common practice and understanding in the town or according to professing person's own explanation if practice of the town would not be the same.

Rule (933) A professing about something does not apply to its container. A professing of debt payable after an appointed time does not entitle the creditor to demand immediately. If it is about either one of two quantities, the lesser or the larger, it is applicable only to lesser one.

Rule (934) If the professing party leaves the statement unclear if he then clarifies it, it is accepted and if another party claims the subject of professing to be his, it becomes a dispute the other party can ask the professing party to take an oath of not knowing if he claims that the professing party knows about it.

Rule (935) If the professing party first makes an under-statement and then clarifies or from the beginning clarifies but the party in whose favor it is made denies, if the subject of professing is a debt on the professing it has no effect, but if it is an existing substance, it is said that the high authority in Sharia takes it away from him, but according to a more clear reason, it is not taken away from him.

Rule (936) If a seller of merchandise claims not to have been paid he has to establish enough testimony to prove it or make the other party swear that he has paid.

Rule (937) If one professes about someone as being his son, brother or sister etc., his statement is effective if it is possible that he could be true, as a result he must observe the rules of maintenance and marriage or inheritance in the matter. Besides, there are certain other details about it, if it is about one being his son, the relationship is established because of his professing , if it is possible for him to be true and no one disputes with him and the child is a minor in his custody; confirmation of the matter by the child is not needed and if the child denies after maturity it will not be heard from him, it establishes the relationship between them and their dependent. In matters other than a child, it has no effect, unless the other party confirms it, otherwise, no relationship is established. If the other party confirms the statement and if there is no other heir, they inherit each other, their inheriting with the presence of other heirs is objectionable, the precaution should not be ignored.

The same rule applies to spreading inheriting to other than them, again precautionary rule should not be ignored, if he professes about a son etc, and then denies it.

Rule (938) If someone as an heir professes that another person comes before him in the order of heirs, he must give to him what he has already received as his share of the legacy. If it makes them of the same equal order they share it equally, if he says so in favor of two people who may deny it, they are not heard and the implications of the rule of professing is followed, but the dispute remains yet to be resolved, if he professes about one to be before him in the order of inheritance and then states another one to be the first, like first stating about- one to be a brother and then another one to be the son, if the first confirms it the legacy is given to the second, if not confirmed, he pays it to the first and compensates to the second.

Rule (939) If a son professes another person to be his brother and says that a third one also is his brother who denies the second to be a brother, the third receives one half and the second one sixth. If their relation is known the denying party will not be heard The same rule applies if a deceased has left two sons one of whom professes a third one to be a son also and the second denies it, half of the legacy goes to the denying party, one third to the professing and one sixth to the one in whose favor professing is made. If the deceased has wife and brothers, and the wife professes one to be a son, if the brothers confirm, one-eighth of legacy goes to wife and the rest to the son. If her statement is not confirmed, the brothers receive 3/4 of the legacy one eighth goes to wife and the rest which is 1/8 goes to one in whose favor professing is made.