What is the ruling when both parties present evidence for their respective claims (purchase vs. manumission)?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If both parties provide evidence dated with different historical records, precedence is given to the earlier one, and the later one is invalidated. If the manumission preceded the sale, the sale is invalid because selling a free person is void. If the sale preceded the manumission, the manumission is void because the seller manumitted someone else's slave. The suggestion that the slave might have reverted to the seller's ownership before manumission is rejected because the buyer's ownership has been established and the seller cannot void it through subsequent manumission.
Supporting text
If the evidence records are dated identically, or are undated, or if one is undated, the evidence conflicts, and neither has preference. The resolution then depends on the dispute regarding prioritizing the proof of the possessor (in possession) versus the non-possessor (outside claimant). If the possessor's proof is prioritized, the slave belongs to the buyer. If the outside claimant's proof is prioritized, the manumission takes precedence because the manumitted party is the 'outside' claimant.