Reconciling the hadiths of Abu Hurayrah and Abu Musa regarding division
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Question:
Honorable Shaykh, in the hadith of Abu Hurayrah, he (peace and blessings be upon him) ordered that they be made to understand each other, and in the hadith of Abu Musa, he ruled between them by dividing it in half. How are the two hadiths reconciled? Is the oath taken between them?
Answer:
If they both have evidence, where each one has evidence that divides the matter, the judge arbitrates between them, making them equal. If they do not have evidence, and each one has no evidence but merely a claim, then he casts lots between them. Whoever the lot falls for takes it and is satisfied. Yes.
Honorable Shaykh, in the hadith of Abu Hurayrah, he (peace and blessings be upon him) ordered that they be made to understand each other, and in the hadith of Abu Musa, he ruled between them by dividing it in half. How are the two hadiths reconciled? Is the oath taken between them?
Answer:
If they both have evidence, where each one has evidence that divides the matter, the judge arbitrates between them, making them equal. If they do not have evidence, and each one has no evidence but merely a claim, then he casts lots between them. Whoever the lot falls for takes it and is satisfied. Yes.
Source
القسم والقرعة بين المتنازعين — alfawzan.live
The Arabic text is a machine transcription of the audio recording.