SECTION OF CLAIMS · 22 – TWO PEOPLE WITHOUT WITNESSES CLAIMING RIGHT OVER A PROPERTY
3613 – It is narrated from Abū Mūsā al-Ashʿarī (may Allah be pleased with him) that he said: Each of two people claimed that a camel or an animal belonged to them. Neither of them had any witnesses. The Messenger of God (peace and blessings be upon him) made the animal shared between the two of them. [333]
3614 – ʿAbd al-Raḥīm ibn Sulaymān narrated the aforementioned hadith from Saʿīd ibn Abū Burda with the same chain of transmission and the same meaning.
3615 – With the same chain of transmission as the two previous hadiths and with the same meaning, it was narrated from Qatāda (may Allah be pleased with him): In the time of the Prophet (peace and blessings be upon him), two people claimed that a camel belonged to them. Each of these individuals brought two witnesses. Since the witnesses were equal, the Messenger of God (peace and blessings be upon him) divided the camel equally between them.
3616 – From Abū Hurayra (may Allah be pleased with him): Two men disputed before the Messenger of God (peace and blessings be upon him) about an item, each claiming it belonged to them, and neither of them had any evidence. The Messenger of God (peace and blessings be upon him) said: "Draw lots among yourselves to determine who will swear an oath; whoever swears the oath, the item will be his. Whether they like drawing lots or not, they must do so." [334]
3617 – According to the narration of Abū Hurayra (may Allah be pleased with him) from the Messenger of God (peace and blessings be upon him), the Messenger of God (peace and blessings be upon him) said: "If each of two people does not wish to swear an oath in a matter, or if both desire to swear, then they should draw lots to determine who will swear the oath." Salama, one of the narrators, said: Aḥmad ibn Ḥanbal reported to us from Maʿmar, who said: This drawing of lots is done when both parties are compelled to swear an oath. [335]
3618 – From Saʿīd ibn Abū ʿArūba (may Allah be pleased with him): A narration similar to the one transmitted with the chain of Muḥammad ibn Minhal was reported. Two people appealed to the Messenger of God (peace and blessings be upon him) regarding an animal; neither of them had any evidence that the animal belonged to them. Thereupon, the Messenger of God (peace and blessings be upon him) ordered them to draw lots to determine who would swear the oath first. [336]
EXPLANATION
If those who claim that a property belongs to them have no evidence and both wish to swear an oath, or if they have no evidence and do not wish to swear, then lots are drawn to determine who will swear first or which of them will swear. If one of the two does not swear an oath that the property belongs to him, but the other does, then the one who swears the oath obtains the property.