If two claimants possess an item, one claiming ownership for one year, and the other possessing it for two years, and both provide proof, what is the ruling?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 1 · Bab 1

Open in Qurani

Primary text

The item belongs to the claimant who asserts ownership for one year, provided their proof establishes ownership, while the proof of the possessor only attests to possession. This is because ownership proof takes precedence over mere possession when they can be reconciled, assuming the possession was not based on true ownership. If both proofs claim ownership for two years, the proofs conflict, and there are two narrated opinions. The first opinion favors the proof of the external claimant (the one not in possession), following the general principle that evidence is upon the claimant and acknowledging that the internal claimant's evidence might merely reflect possession. This is the position of Abu Yusuf, Muhammad, and Abu Thawr, consistent with the general view of Al-Khiraqi. The second opinion favors the proof of the internal claimant (the one in possession) because their testimony includes an added element (the length of possession). This is the view of Abu Hanifa and Al-Shafi'i.

Supporting text

If the situation is reversed, such that the possessor claims ownership for one year and the external claimant claims ownership for two years, the external claimant's proof is prioritized, except according to the narration that prioritizes the internal claimant's proof, leading to two possible outcomes based on the previous conflict.