How is precedence determined between two claimants to a foundling when both possess valid legal evidence (bayyinah)?

General Chapter

Al-Mughni

Book of Foundlings

Book 30 · Issue 4 · Bab 1

Open in Qurani

Primary text

If each claimant has proof, precedence is given to the one whose proof is chronologically earlier. The second claimant is superseded because the right was established for the other party before his claim arose. If the dates of their proofs are identical, or if both are general without dating, or if one is dated and the other is general, the proofs contradict each other.

Supporting text

There are two views regarding contradictory proofs: one view states they nullify each other, rendering both claimants as if they had no proof. The second view allows both proofs to be used, and lots are drawn between them, with the winner being prioritized.