What is the ruling when four individuals claim ownership of a property, with specified, overlapping claims, and none possess proof (Bayyinah)?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If four parties claim ownership of a property with overlapping claims (one claiming all, one claiming two-thirds, one claiming half, and one claiming one-third) and none have proof, each claimant retains possession of what is currently in their hand, and the possessor's statement is accepted upon taking an oath. Consequently, each individual is entitled to one-fourth of the property.
Supporting text
If all four present conflicting proofs supporting their respective claims, the property is divided into quarters. This is based on the principle that if the proof of the entrant is prioritized, each is an entrant into their portion. Alternatively, if the proof of the possessor is prioritized, the claims cancel each other out, and the property remains with the current possessor.