If the external claimant proves ownership for one year, and the possessor claims they bought it two years prior from the external claimant, and both present evidence, what is the ruling?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
The proof of the possessor (the buyer) is prioritized. This is the view mentioned by Al-Qadi and is also the position of Abu Thawr. This preference is because the proof of purchase testifies to a new event, hidden from the other party's evidence, making it superior, akin to prioritizing evidence of injury over evidence of good character.