ownership in it is established, so his acknowledgement to the second is an acknowledgement of someone else's ownership, and thus it is not accepted. The acknowledger is liable for the compensation of it to the second person because he caused him to lose it by his acknowledgement of it for someone else; he is thus like one who usurps it from him and then hands it over to someone else.

1929 - Issue: He said: (Whoever makes a claim against a sick person, and he gestures with his head, meaning: "Yes," it shall not be judged by it until he speaks with his tongue.)

In summary, the gesture of a sick person does not take the place of his speech, regardless of whether he is unable to speak or capable of it. This is the position of Al-Thawri. Al-Shafi'i said: His acknowledgement by gesture is accepted if he is unable to speak, because it is an acknowledgement by gesture from one unable to speak, so it resembles the acknowledgement of a mute person. Our position is that he is not one from whom speech is despaired of, so his gesture does not take the place of his speech, like a healthy person. In this, he differs from the mute person, for the mute person is one from whom speech is despaired of. Thus, if one becomes tongue-tied during prayer, his prayer is not valid without recitation, unlike the mute person. The woman who has reached menopause is distinguished from her whose menstruation has ceased despite the possibility of it within the waiting period. Also, his inability to speak is not certain; it is possible that he leaves off speaking due to its difficulty and hardship for him, not due to his inability. If he reaches a state where despair of his speech is certain, his gesture is not to be trusted, because the illness that rendered him unable to speak is not limited to his tongue; it is possible that it affected his intellect or his hearing, and he does not know what was said to him, unlike the mute person. Furthermore, the mute person has repeated his gestures until they became like certainty to those who associate with him, similar to speech, whereas this person’s gesture has not been repeated. Perhaps he did not intend the acknowledgement, but rather intended to deny, or to silence the one asking him. With these differences, analogy is not valid.

1930 - Issue: He said: (Whoever makes a claim and says: "I have no evidence," then after that brings evidence, it shall not be accepted; because he is a denier of his own evidence.)

This is the position of Muhammad ibn al-Hasan. Abu Yusuf and Ibn al-Mundhir said: It is accepted. This is the apparent school of thought of Al-Shafi'i; because it is possible that he forgot, or that the two witnesses heard from him, and the owner of the right does not...