What is the ruling when two parties claim an item in the possession of a third party, and neither has proof?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
When two individuals claim an item held by a third party, and neither has proof, the statement of the possessor, coupled with an oath, is accepted without known dissent. If the possessor admits they do not own it or states it belongs to one of the two but cannot specify which, lots are drawn between the claimants. The one selected by lot swears that it is theirs, and the property is delivered to them. This is based on the narration where the Prophet (peace be upon him) commanded two disputants lacking proof to draw lots for the oath, whether they liked it or not. This is due to the equality of the two claimants in their claim, lack of possession, and lack of proof, making the lot decisive for differentiation.
Supporting text
If the possessor admits ownership belongs to one of the two but cannot identify which, lots are drawn between the claimants.