What is the ruling if each party claims both sheep belong exclusively to him, and both present evidence?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 4 · Bab 1

Open in Qurani

Primary text

If each party claims that both sheep belong solely to him and both present evidence, the evidences contradict each other. The resolution depends upon the established opinion regarding the evidence of the 'insider' (dakhil) versus the 'outsider' (khaarij). If the evidence of the outsider is prioritized, then each person retains the sheep in his possession. If the evidence of the insider is prioritized, or if the insider's evidence specifically testifies to offspring (nutaaj), then each person retains the sheep currently in his own hand.