What is the ruling when the outgoing party claims the incoming party forcibly usurped (ghasaba) the animal, and both parties present evidence?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the outgoing party claims that the incoming party usurped the animal and both parties present opposing evidences, the animal is ruled to belong to the outgoing party. This is the established position.

Supporting text

The position of Al-Qadi implies that the animal should belong to the incoming party in this scenario, but the first mentioned ruling is superior.