pleased be upon him; because they are equal in the establishment of their possession over the claimed item, and in the lack of evidence, so neither of them is prioritized over the other, just like that which is appropriate for both of them, or as [if it were] in their possession by way of observation, according to those who concede that. Our argument is that both of their hands are upon the household goods, evidenced by the fact that if a stranger were to dispute them over it, the statement would be theirs, and one of them may be superior to the other in terms of possession and control, so it must be prioritized, just as if they disputed over a riding animal, one of them riding it and the other holding its bridle, or a shirt one of them is wearing and the other is holding its sleeve, or a wall adjacent to both their houses, joined to the construction of one of them, or having an arch [azaj] over it. Our argument against Abu Hanifa and al-Qadi is that they disputed over what is in their possession, [and there is no merit for one of them over the other; it resembles what is in legal possession. As for what is appropriate for both of them, it is in their possession, and there is no merit for one of them over the other; it resembles what] is in their possession by way of observation. The proof that it is not for the one who denies among them is that the heir of the deceased stands in his place; it resembles if one of them appointed an agent for himself. As for when there is no legal possession, but rather a man and a woman dispute over an object other than the household goods between them, one of them is not prioritized due to the suitability of that object for him; rather, if it is in their possession, it is between them, and if it is in the possession of one of them, it is his. If it is in the possession of someone else, they draw lots for it, and whoever the lot falls to, it is his, and the oath is upon the one to whom we have judged it in all instances; because they do not have legal possession, so they resemble other disputants.

Section: If there is a carpenter and a perfumer in a shop, and they differ over what is in it, it is judged that the tools of each craft belong to their owner; so the perfumers' tools belong to the perfumer, and the carpenters' tools belong to the carpenter. And if they are not in the same shop,