If two men dispute an item and both present equal, conflicting proofs, what is the ruling?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
The proofs cancel each other out, and the item is divided equally between them. This is the position of Al-Shafi'i, Abu Thawr, and the companions of opinion (Ashab al-Ra'y). The basis for this is the narration of Abu Musa (may Allah be pleased with him), where the Messenger of Allah (peace be upon him) divided a camel equally between two claimants who each brought two witnesses, as narrated by Abu Dawud. Since each proof is superior concerning the half in its owner's hand and inferior concerning the half in the opponent's hand, they balance out under either rule set regarding the internal claimant's evidence.
Supporting text
Abu Al-Khattab narrated an alternative view: they cast lots, and the one whose lot is drawn swears that the other has no right to it, thus receiving the entire item, as if the item were in the possession of a third party.