What is the ruling when a man claims ownership over a slave in another's possession, claiming he bought him, and the slave claims he was manumitted by his current possessor, with neither party having proof?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 1 · Bab 1

Open in Qurani

Primary text

If neither party presents evidence, the defendant swears an oath denying both claims, and the slave remains with the claimant who possesses him (the defendant). If the defendant admits the claim of one party, that claim is established, and he must swear an oath regarding the other party's claim. If one party presents valid evidence supporting their claim, that claim is established.