Whose testimony prevails if the owner claims the usurped item was a modern/newly produced item (hadith) and the usurper claims it was an antique (atiq)?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 7 · Bab 1

Open in Qurani

Primary text

The statement of the usurper prevails because the original assumption is that there is no obligation concerning a modern item. The owner is permitted to claim the antique item because it is less than his full right.