What is the ruling when two individuals claim ownership of a house held by a man, each asserting it was usurped from him, and both provide evidence?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
The ruling in this case is identical to the ruling when two individuals both claim to have purchased the house from the possessor, following the detailed exposition concerning purchase claims. If the dates of the usurpations attested to by the evidence are concurrent, or if both claims are unqualified by specific timing, the evidences contradict each other. If the date of one usurpation precedes the other, there are two established scholarly opinions regarding whether the earlier date grants precedence.
Supporting text
If the evidence testifies that the possessor admitted to usurping the property from both claimants, he is obligated to surrender the house to the one whom he admitted the usurpation occurred first, and he must compensate the other claimant with the property's value.