How is possession determined when conflicting proofs are utilized and lots are drawn?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If the proofs are utilized and lots are drawn, the one selected by lot takes possession without needing an oath. This is the view of Al-Shafi'i because the proof suffices in place of the oath.
Supporting text
Abu Al-Khattab maintained that the oath is still required alongside the proof for further confirmation. This renders this narration similar to the first one regarding the oath, with differences appearing in other related matters.