What is the ruling when two people claim ownership of an item held by a third party, and the third party states he does not know which claimant owns it or if the owner is one of them?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If two individuals claim an object held by a third party, and the possessor states, "It belongs to one of you, but I do not know who," or "I do not know its owner, whether it is one of you or another," or claims, "One of you deposited it with me," or "A man I do not know deposited it with me," and each claimant insists that the possessor knows they are the rightful owner or the depositor, the possessor is required to take an oath regarding what they claim concerning their lack of knowledge. This obligation arises because if the possessor were to admit the claim, they would be obligated to surrender the item; thus, where an admission results in an obligation, denial necessitates an oath. If both claimants affirm the possessor's statement, no oath is required of the possessor. If one claimant affirms the possessor, the possessor must swear to the other claimant.
Supporting text
If the possessor admits the item belongs to one of the two claimants, or to a third party, the admitted person becomes the owner in possession. If the person who did not admit the claim then demands an oath from the possessor stating the item is not their property or that they were not the one who deposited it, the possessor must swear to this denial. If the possessor refuses to swear (nukool), judgment will be passed against them for the item's value.