What is the ruling when three parties possess a property and claim shares that sum up exactly to the whole (e.g., one claims half, another a third, and the third a sixth)?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If three parties possess a property and their claims precisely account for the entirety (e.g., one claims half, another a third, and the third a sixth), this constitutes an agreement on the nature of their ownership, and there is no dispute or denial between them. If each claimant asserts that the remainder of the property is held as a deposit (wadi'a) or a loan for use ('ariya) from him, and each has proof (bayyina) supporting their claimed share, the judge rules in their favor based on that proof, as there is no counter-evidence. If none of them possess proof, each party swears an oath, and they are considered to possess a third each.