How is a claim over property held by another resolved when the possessor acknowledges the property belongs to a third party who is present?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If a claimant alleges ownership of a house in the possession of another party, and the possessor states, 'It is not mine, but belongs to so-and-so,' and the acknowledged owner is present, the possessor is questioned. If the acknowledged owner affirms this statement, they become the opposing party in the dispute and assume the position of the possessor because their admission establishes that the current possessor holds it on their behalf. If the claimant has evidence, judgment is made in their favor based on that evidence. If the claimant lacks evidence, the statement of the defendant, supported by their oath, prevails.
Supporting text
If the claimant requests an oath from the possessor regarding their lack of knowledge of the claimant's ownership, the possessor must take the oath. This is because if the possessor had later admitted ownership to the claimant, they would be liable for the value (Ghurm). Liability for indemnity necessitates liability for the oath when denying. If the acknowledged owner then denies ownership and states the property belongs to the claimant, judgment is passed to the claimant. If the acknowledged owner merely states, 'It is not mine,' without naming the claimant, and the claimant has no evidence, there are two views: one holds the property is delivered to the claimant as they claim it and face no challenger, similar to when the possessor defaults on an oath; the second view, preferred by the Qadi, is that the property is held by the Imam to safeguard it for its rightful owner, as no proven claimant exists, since the claimant lacks possession or evidence, and the current possessor admits it is not theirs.