What is the division of property when one party claims the entirety and the other claims half, absent any proof from either party?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If two parties claim a single house, one claiming all of it and the other claiming half, and neither possesses proof (bayyinah), the property is divided equally between them, half to each. Ahmad decreed this, and the claimant of the half must take an oath regarding his claim, while the claimant of the whole takes no oath because the half he is decreed is uncontested. This ruling is established without known dissent.
Supporting text
It is reported from Ibn Shubrumah that the claimant of the entirety receives three-quarters of the property. This is because the half he is uncontested in is secured, and the remaining half is divided between them according to their respective claims over that portion.