The evidence of the insider testifies to offspring, purchase, spoils of war, inheritance, a gift from the owner, a grant (qati'a) from the Imam, or some other cause of ownership. Regarding which of the two is to be given precedence, there are two narrations, which we have mentioned. If one of them claims that he bought it from the other, it is judged in his favor; because the evidence of the purchase testified to a recent event that was hidden from the other evidence, so it is given precedence over it, like giving precedence to the evidence of defamation (jarh) over the evidence of integrity (ta'dil).

1936 - Issue: He said: "And if the animal was in their possession, and one of them produced evidence that it was his, and the other produced evidence that it was his, and that it was born into his ownership, both pieces of evidence are discarded, and they are like those who have no evidence. An oath is required from each of them against his companion regarding the half for which he has been judged."

Its general meaning is that when two men dispute an object that is in their joint possession, and each one claims it is his property to the exclusion of his companion, and they have no evidence, each one takes an oath against his companion, and it is divided between them in two halves. We do not know of any disagreement regarding this; because the hand of each of them is upon half of it, and the statement is that of the possessor when accompanied by his oath. If they both refuse to take the oath, it is likewise between them; because each of them becomes entitled to what is in the other’s hand by his refusal. If one of them refuses and the other takes the oath, judgment is given in his favor for the whole of it; because he becomes entitled to what is in his hand by his oath, and what is in his companion’s hand, either by his refusal or by the oath that was returned to him upon his companion’s refusal. If one of them has evidence and the other does not, it is judged in his favor. We do not know of any disagreement regarding this. If each of them produces evidence, and they are equal, the two pieces of evidence conflict, and the object is divided between them in two halves. This is the opinion of al-Shafi'i, Abu Thawr, and the People of Opinion (Ashab al-Ra'y); because it is narrated by Abu Musa (may Allah be pleased with him) that two men disputed before the Messenger of Allah (peace be upon him) over a camel, [and each of them produced two witnesses, so the Messenger of Allah (peace be upon him) judged] the camel to be divided between them in two halves. Narrated by Abu Dawood. And because each...