Musannaf Ibn Abi Shayba 13:3397

Abu Bakr narrated to us, he said: Abd al-A’la narrated to us, from Dawud, from ‘Amir, from Shurayh, regarding a man who was demanding a debt from another man, and the debtor died. Shurayh said: "His evidence is upon the origin of his right, and the acquittal is upon the family of the deceased, that their companion has been acquitted, or the oath of the claimant that he died on the day he died while the right was upon him."