delivered the twenty to the pledgor, the statement is that of the pledgor along with his oath. If he refuses, judgment is passed against him for the ten, and he pays it to the pledgee; if he swears, he is absolved, and the messenger is liable for the ten to the pledgee; because he claims that it is a right due to him, and it was the pledgor who wronged him. If the messenger is absent, or it is impossible to make him swear, the oath lies upon the pledgor that he did not authorize its pledge except for ten, nor did he receive more than that, and the pledge remains for the other ten.

Section: If a man owes two thousand, one of which is by pledge and the other without a pledge, and he pays one thousand, saying, "I have paid the debt of the pledge." The pledgee says, "Rather, you paid the other debt." The statement is that of the pledgor along with his oath, whether they differ regarding the intention of the pledgor in that or in his wording; because he is more knowledgeable of his intention and the nature of his payment, and because he says that the remaining debt is without a pledge, and his statement is accepted regarding the origin of the pledge, so it is likewise in its specification. If he leaves the payment unrestricted and does not intend anything, Abu Bakr said: He has the right to allocate it to whichever of them he wishes, just as if he had present and absent wealth, and he paid the amount of zakat for one of them; he would have the right to specify for which of the two wealths he wishes. This is the opinion of some of the companions of al-Shafi'i. Others said: The payment falls upon both debts together, half for each of them; because they are equal in the payment, so they are equal in it being applied to them. As for if the pledgee releases him from one of the two debts, and they differ, the statement is that of the pledgee, according to the detail we mentioned regarding the pledgor, which Abu Bakr mentioned.

Section: If the two parties to the pledge agree upon the possession of the 'adl (a neutral third-party custodian) for the pledge, the pledge becomes binding upon them, and his denial does not harm [the validity]; because the right belongs to them. If one of them says, "The 'adl has taken possession of it," and the other denies it, the statement is that of the denier, just as if they differed regarding the pledgee’s possession of it. If the 'adl testifies to the possession, it is not accepted [his testimony; because it is] the testimony of an agent for his principal.