What is the ruling when two individuals claim ownership of a house in the possession of a third party?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a house is in the possession of a man, and two people claim it, with one claiming he rented it and the other claiming it is his house, or that he inherited it from his father, or simply claiming it is his house, and the possessor denies both claims stating it is his house, the possessor's statement is accepted along with his oath. If one claimant provides evidence, judgment is ruled in his favor. If both claimants provide evidence for their respective claims, the evidences contradict each other, and the ruling reverts to the previously mentioned standard. However, based on the narration where the evidence proving the cause (sabab) is presented, the evidence of the one claiming inheritance takes precedence due to its testimony regarding the cause.