What is the ruling if conflicting evidence is equally weighted and the matter is subject to division?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 4 · Bab 1

Open in Qurani

Primary text

If it is ruled that the evidence must be utilized equally, the slave is divided: half is deemed sold (belonging to the buyer) and half is deemed free. The manumission obligation extends to the entire slave if the seller is financially solvent (*muser*), because the evidence (the conflicting proofs) established that he willingly manumitted him, and manumission has been established for half of him based on their testimony.