To what extent must each party swear an oath when a property is partitioned equally between them?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 3 · Bab 1

Open in Qurani

Primary text

When property is divided equally between two parties, each party is only required to swear an oath regarding the half that accrues to them. They are not required to swear regarding the other half because swearing concerning what accrues to the opposing party yields no benefit for the swearing party, similar to how a plaintiff does not swear regarding what the defendant obtains.