What is the ruling when two claims of purchase are presented with differing dates, or one is dated and the other is absolute (mutlaqah), or both are absolute?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If the dates of the two purchase claims differ, or if one is dated and the other is absolute, or if both are absolute, both contracts are established, and the defendant is liable for both prices. This is because it is possible for the defendant to purchase the item from one party, gain ownership, and then sell it to the other party. When it is possible to reconcile and affirm both pieces of evidence, they must both be affirmed.
Supporting text
The justification for affirming both contracts, even if absolute, rests on the principle that when reconciling the evidence is possible, it must be done. The uncertainty (wahm) that the dates might coincide does not invalidate the evidence, just as evidence is not invalidated by the mere possibility that the witnesses are untruthful or biased.