What is the procedure when two individuals claim ownership of an undifferentiated deposit, and the custodian is unsure who the true owner is?
General Chapter
Al-Mughni
Book of Deposits
Primary text
When two individuals claim an undifferentiated deposit, lots must be cast between them. Whoever wins the lot must swear an oath, and the item is delivered to them.
Supporting text
Al-Shafi'i holds that they should take mutual oaths (tahalluf), and the item remains suspended between them until they reach a settlement. Ibn Abi Layla holds this view because the true owner cannot be ascertained between them. Al-Shafi'i has another opinion that the item should be divided between them, similar to when the custodian admits it belongs to both.