What is the ruling when three parties possess a property, and their claims conflict (e.g., one claims all, another half, and another a third)?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If no claimant possesses definitive proof, the property is divided into thirds among them, and each claimant must swear an oath regarding the share ruled in their favor, acknowledging the possession held by the others (a third each). If one claimant possesses proof, the ruling follows the proof: if the claimant of all has proof, the property is his. If the claimant of half has proof, he takes the half, and the remainder is divided equally between the other two. The claimant of all receives one-sixth without an oath, but swears an oath for the remaining one-twelfth of that remainder, and the other claimant swears an oath for the remaining one-fourth. If the claimant of a third has proof, he takes the third, and the remainder is divided between the other two: the claimant of all receives one-sixth without an oath, swears an oath for the other one-sixth, and the last claimant swears an oath for whatever share he takes.
Supporting text
If every claimant possesses proof supporting their claim, two main opinions arise regarding precedence. If the proof of the possessor (sahib al-yad) is prioritized, the property is divided into thirds, as each possesses a third. If the proof of the external claimant (sahib al-kharij) is prioritized, the proof of the claimant of the third is dropped because it is internal, the claimant of half receives one-sixth because his proof extends beyond his possession, and the claimant of all receives five-sixths (one-sixth without proof due to no contest over it, and two-thirds based on his proof). A dissenting opinion suggests the claimant of the third receives one-sixth because the proofs of the claimant of all and the claimant of half contradict each other regarding that portion, causing them to cancel out, leaving possession to the one holding it, while the claimant of half receives nothing in that disputed portion, regardless of whether the claimant of the third has proof or not.