If the time of possession is the same for both parties, but the possessor's evidence proves procreation (nitaaj), purchase, inheritance, gift from an owner, land grant from the Imam, or another cause of ownership, while the external claimant's evidence is otherwise equivalent, what is the ruling?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 4 · Bab 1

Open in Qurani

Primary text

There are two narrated opinions regarding which evidence takes precedence. The second narration suggests that the evidence establishing the specific cause of ownership (like procreation or purchase) is preferred because it includes additional knowledge that the other testimony lacks, possibly resting only on possession. This is the school of thought of Abu Hanifa, which prioritizes the evidence detailing the specific means of acquisition over evidence that might only stem from mere possession.

Supporting text

The first narration suggests no precedence based on the specific cause, as both testimonies are equal regarding the current ownership dispute.