it is claimed by him, and he has no adversary regarding it; and because if the person in whose possession it is had claimed it, then recanted, we would have judged it for him. With the absence of his claim to it, it is more appropriate. The second view is that it is not surrendered to him because no one entitled to it is established; for the claimant has no possession, nor evidence, and the possessor admits it is not his, so the Imam takes it and preserves it for its owner. This is the view mentioned by al-Qadi. The first view is more appropriate due to the evidence we mentioned. For the companions of al-Shafi'i, there are two views like these, and a third view: that the claimant swears an oath that it belongs to him, and it is handed over to him. A similar position is derived for us based on the view of returning the oath if the defendant refuses to swear. If the acknowledger says: "It belongs to a third party," the litigation is transferred to him, and he becomes like the possessor; because he has acknowledged it for the one who has possession in effect. As for if the defendant acknowledges it for an unknown person, it is said to him: "This is not an answer. If you acknowledge it for a known person, [do so]; otherwise, we will treat you as having refused, and we will rule against you." If he persists, he is judged against by refusal. If he acknowledges it for an absent person or for a non-competent person specifically, such as a child or an insane person, the claim against him is established. If the claimant has no evidence, judgment is not passed for him; because the present party admits it is not his, and judgment is not passed against an absent party based on a mere claim, and the matter is suspended until the absent party arrives, and the non-competent person becomes competent, then the litigation is with him. If the claimant says: "Make the defendant swear for me," we make him swear, due to what has preceded. If he acknowledges it for the claimant, it is not surrendered to him; because he admitted it belongs to another, and he is obligated to pay him its value; because he caused him to lose it by acknowledging it for someone else.