What is the ruling when two individuals claim ownership over two distinct items, where the origin/owner of each item is unknown, and the claimant cannot specify which item belongs to him?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 1 · Bab 1

Open in Qurani

Primary text

When a person possesses two items, one valued at ten units and the other at twenty units, and two claimants appear, each claiming one of the items but neither can definitively identify which specific item belongs to them, lot-casting (Qur'ah) must be employed between the two claimants for the items. The claimant upon whom the lot falls swears an oath, and that claimant receives the better item (valued at twenty). The other claimant receives the remaining item (valued at ten). This ruling is established because the dispute involves two specific physical objects (A'yan) currently held by a third party (the possessor).