—peace and blessings of Allah be upon him— said: "The oath is upon the defendant." And because he claimed the delivery of the right that was upon him, it is not accepted without evidence, just as if he had claimed the delivery of the price, or as it is before consummation.

Section: If he paid her one thousand, then they disagreed, and he said: "I paid it to you as a dowry," and she said: "Rather, it was a gift." If their disagreement is regarding his intention, such as if she said: "You intended it as a gift," and he said: "I intended the payment of the dowry," then the statement is the statement of the husband without an oath; because he is more knowledgeable about what he intended, and the woman does not have insight into his intention. If they disagreed regarding his utterance, and she said: "You said to me: 'Take this as a gift or a present,'" and he denied that, the statement is his statement with his oath; because she is claiming against him a contract over his property, and he denies it, so it is similar to if she claimed against him the sale of his property to her. However, if what was paid was not of the same category as what was obligatory upon him, such as if he gave her dirhams as a dowry but paid her goods, then they disagreed, and he swore that he paid her that as part of her dowry, the woman has the right to return the goods and demand her dowry from him. Ahmad said, in the narration of al-Fadl ibn Ziyad, regarding a man who married a woman with a dowry of one thousand, and he sent her merchandise and clothing equal to its value, and did not inform them that it was from the dowry. When he consummated the marriage, she asked him for the dowry, and he said to her: "I sent you this merchandise, and I accounted for it as part of the dowry." The woman said: "My dowry is dirhams." She returns the clothing and the merchandise and reverts to him for her dowry. This narration applies when he did not inform them that it was a dowry. As for when he claims that she accepted it as part of the dowry, and she claims that he said: "It is a gift," then it is appropriate that each of them takes an oath, and they retract what belongs to each of them. It was reported from Malik that he said: If it is from what it is customary to give as a gift, such as a garment or a ring, the statement is her statement because the apparent reality is with her; otherwise, the statement is his statement. Our argument is that they disagreed regarding the nature of the transfer of his property to her hand, so the statement is the statement of the owner, just as if he said: "I deposited this item with you," and she said: "Rather, you gifted it."