What is the ruling when one claimant buys the item from Zayd while it is his property, and the other claimant buys it from 'Amr while it is his property, and both present proof?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If the item is in the possession of one purchaser, the ruling is based on the dispute regarding the proof of the insider versus the outsider. If the item is in the possession of both, it is divided between them because each proof is considered valid for half the item and invalid for the other half. If the item is in the possession of one of the sellers who denies both claims and asserts ownership for himself, and it is ruled that the proofs are nullified, the seller takes an oath and the item is his.
Supporting text
If the seller admits ownership to one claimant, that claimant becomes the possessor, unless the admission follows the seller's oath of ownership. If it is ruled that one proof takes precedence via lot drawing, the item goes to the one selected with an oath. If it is ruled the item is divided, it is divided, and each claimant recoups half the purchase price. If the item enters the buyer's guarantee by contract, or the buyer admits receipt, neither claimant has the option to rescind, nor is there a price refund due to the admission that the seller's guarantee is voided. If the item is measured or weighed but not received, each claimant has the option to rescind or uphold the sale. If one chooses rescission, the item does not become entirely available to the other because there are two separate sellers.