What is the ruling when two individuals claim ownership (slavery) over one slave who denies their claim?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If two persons claim ownership over a slave who denies both claims, the statement of the slave, accompanied by his oath, is accepted. If the slave confesses to being a slave to both claimants, his status as a slave is established. If the slave confesses that he belongs to only one of the claimants, ownership is established for the one to whom he confessed. This is the position of Al-Shafi'i. The basis for this is that his status as a slave is established only through his confession; therefore, he becomes the property of the one he confessed to, regardless of whether the claimants had physical custody of him.
Supporting text
Abu Hanifa held that the slave should be divided equally between the two claimants because their mutual possession (*yad*) over him resembles the case of a child or a piece of cloth. However, this is countered by the fact that ownership here is established by confession, which specifically points to one claimant, unlike ownership established by shared possession, as in the case of a cloth or a child.