What happens if conflicting evidence with the same or undated records arises when the slave is in the seller's possession?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If the two pieces of evidence nullify each other, the situation reverts to them having no proof. The matter is then returned to the original master (the seller). If the seller denies both claims, he swears an oath regarding both. If he admits to the manumission, the manumission is established, and the slave is not required to swear an oath, as absolving him of liability if he denied manumission would be meaningless. The seller must swear to the buyer's claim. If the seller admits the buyer's claim, ownership is established, and the slave is not required to swear an oath, as admission of prior manumission would not entail financial liability for the slave.
Supporting text
If it is ruled that the conflicting evidence is utilized, an admission to one party does not grant preference to that party because the possessor's ownership right has already been removed (or is in dispute). If preference is determined by drawing lots, the claim associated with the winning lot is prioritized. According to Abu Bakr, this aligns with the established view of Abu Abdullah. In one narration concerning this, the party whose lot wins must then swear an oath.