If one claimant proves ownership, and the other proves that the item gave birth (nuta) while in their possession, and both claims relate to the present ownership, what is the ruling?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 5 · Bab 1

Open in Qurani

Primary text

There are two narrated opinions on whether the evidence of the offspring (nitaaj) is used for preference. One view, favored by Al-Khiraqi, holds that it does not grant preference because both parties are equal regarding the current ownership, which is the contested element. The second view, the position of Abu Hanifa, is that the evidence related to the offspring is preferred because it establishes additional knowledge about the cause of ownership, suggesting the other testimony might only rely on possession.

Supporting text

This is considered similar to prioritizing evidence of injury over evidence of good character.