Ta'jiz (declaring a party unable: a slave under a writing, or a party who fails to produce proof)

Ta'jiz is ascribing inability to a person. The jurists use the word in two cases: a slave under a writing of manumission, and a party who cannot produce proof. ¹

The writing binds the master, who may not cancel it, and the slave may not be declared unable before he fails to pay. When a due instalment falls, the master may demand it. If the slave fails after the instalment falls due, the Hanafis, Shafiis and Hanbalis let the master cancel the writing himself, and the Malikis through the judge. The Hanafis, Malikis and Shafiis let the slave declare himself unable; the Hanbalis do not. ¹

The Malikis use the word most: when the time the judge set for a claimant to produce proof runs out without a cause for postponement, the judge declares him unable and rules against him, and he is not heard afterwards, whether claimant or defendant. ² The Shafiis and Hanbalis give a claimant who asks for time his time, and a defendant no more than three days, after which he is declared unable and loses his right to swear, and the claimant swears and wins. The Hanafis give judgment for the claimant on the defendant's refusal after repeated oaths, on the hadith «the proof is on the claimant and the oath on the one who denies». ²

The details are in the entries on the writing of manumission and on claim. ²