What happens if both claimants present evidence that the slave is their property, and the slave denies being a slave to either?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 2 · Bab 1

Open in Qurani

Primary text

If each claimant presents authenticated testimony (*bayyinah*) asserting ownership, the evidences nullify each other and are consequently dropped. The matter is then resolved either by drawing lots (*qur'ah*) between them or by dividing the slave, according to the preceding detailed rulings on property disputes settled by nullifying evidence.

Supporting text

If the evidences are ruled null and void, and the slave denies being a slave to either claimant, the slave is declared free. If the slave confesses to belonging to one, ownership is established for that one. If the slave confesses to belonging to both, ownership is shared between them because the nullified evidences render the situation as if no proof was presented, equating to an admission to both parties without prior evidence.