What is the ruling when two parties claim an item in the possession of a third party, and each possesses proof?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
There are two established narrations regarding the use of proof when both claimants present evidence. One view, held by the school of Is'haq, Abu 'Ubayd, a narration from Malik, and the old position of Al-Shafi'i, is that both proofs nullify each other because they conflict without one being preferred, requiring a draw by lot for the oath, as if no proof existed. This is based on the report that the Prophet (peace be upon him) drew lots between two men who both brought reliable witnesses testifying to the same matter.
Supporting text
The second narration mandates the employment of both proofs. Within this view, one opinion suggests dividing the item equally between them, supported by the narration where the Prophet (peace be upon him) divided a camel between two claimants who both had proof it belonged to them. A second variation within this view suggests prioritizing one proof over the other through drawing lots. A fourth opinion suggests halting judgment until the matter becomes clear, as the matter is ambiguous.