What happens if the possessor claims not to know the specific owner?

General Chapter

Al-Mughni

Book of Acknowledgment of Rights

Book 20 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the possessor states, 'I do not know him specifically,' and both claimants affirm this statement, the property is removed from his possession, and both claimants become adversaries regarding it. If both claimants deny his claim of not knowing, the possessor must take an oath that he does not know, and the property is removed from his possession. If one claimant presents proof (*bayyinah*), judgment is given in his favor. If neither has proof, lots (*qur'ah*) are drawn between them. The one designated by the lot takes an oath, and the property is delivered to him.