What is the division when four claimants have overlapping claims, lack proof, and a fifth, non-claiming party possesses the property?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If a fifth party possesses the property without claiming it and none of the four claimants have proof, the claimant alleging ownership of the entirety receives one-third, as no one disputes this portion. The remainder is then decided by lot (Qur'ah) among the claimants. If the lot falls to the claimant of the entirety or the claimant of two-thirds, that party takes their allocated portion. If it falls to the claimant of half, that party takes it, and lots are drawn among the remaining parties for the rest. If it falls to the claimant of one-third, that party takes it, and lots are drawn among all four for the final third.
Supporting text
Abu 'Ubayd and Al-Shafi'i (during his time in Iraq) offered an alternative method of distribution involving drawing lots across multiple stages based on the excess portions claimed beyond the basic one-third entitlement for the claimant of the entirety, resulting in lots being drawn in three separate instances. Another narration suggests a division based on 36 shares, allocating specific numbers of shares to each claimant based on fractional divisions of the remaining portions after the initial third.