What is the ruling when two witnesses claim the defendant purchased the same item from each of them at the exact same time and date?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 1 · Bab 1

Open in Qurani

Primary text

When two contradictory valid evidences (bayanat) exist, where each witness claims the defendant purchased the item from their respective seller at the identical time (e.g., both claiming purchase at Dhuhr on a specific day), the evidences nullify each other. In this scenario, the ruling reverts to the defendant's claim. If the defendant denies both claims, he must swear an oath against both claimants, and he is acquitted. If the defendant admits liability to one claimant, the price is due to that claimant, and he must swear an oath against the other. If the defendant admits liability to both, the full price is due to each claimant because it is conceivable that he purchased from one, gifted it to the other, and then purchased it from the second. If the defendant claims he purchased the item from both in a single transaction for the total price, he admits liability for half the price to each claimant, and he may require an oath from each for the remaining balance.

Supporting text

An alternative ruling suggests that a lottery (qur'ah) should be cast between the two claimants. The one selected by the lottery receives the full price and must swear an oath against the other to be acquitted of their claim. Another view proposes that the price should be divided equally between the two claimants, and the defendant must swear an oath against each for their respective remaining portion.