If two men dispute possession of an item, with neither having proof, and both claim exclusive ownership, what is the ruling?

General Chapter

Al-Mughni

Book of Claims and Evidences

Book 65 · Issue 6 · Bab 1

Open in Qurani

Primary text

Each party swears an oath against the other regarding the half awarded to the opponent, and the item is divided equally between them. This is an undisputed ruling, as each party has possession over half, and the possessor's word is accepted with an oath. If both refuse to swear (nakala), the item is divided equally because each forfeits their claim to the other's half.

Supporting text

If one refuses to swear while the other swears, the one who swears receives the entire item, as they secure their own half by oath and the other half due to the opponent's refusal to swear.