Is the oath in a lawsuit taken by the claimant or by the defendant?
Machine translationRead the Arabic original
The questioner:
Is the oath in a lawsuit always taken by the defendant, or is it taken by the party whose position is stronger in the claim, whether that party is the claimant or the defendant?
The Shaykh:
The default is that the oath is taken by the defendant; this is the default. However, the oath may be shifted to the claimant if he presents only one witness. If he presents one witness and cannot find a second, the oath is shifted to him, and he swears along with the witness to receive his right. Or in the case of qasamah, as you have heard? Yes.
The presenter:
We say: Honorable Shaykh, may Allah grant you success.
The Shaykh:
In the case of qasamah, it begins with the oaths of the claimants because of the strength of their position, so it begins with their oaths.
Is the oath in a lawsuit always taken by the defendant, or is it taken by the party whose position is stronger in the claim, whether that party is the claimant or the defendant?
The Shaykh:
The default is that the oath is taken by the defendant; this is the default. However, the oath may be shifted to the claimant if he presents only one witness. If he presents one witness and cannot find a second, the oath is shifted to him, and he swears along with the witness to receive his right. Or in the case of qasamah, as you have heard? Yes.
The presenter:
We say: Honorable Shaykh, may Allah grant you success.
The Shaykh:
In the case of qasamah, it begins with the oaths of the claimants because of the strength of their position, so it begins with their oaths.
Source
قناة «العلامة الدكتور صالح الفوزان»، هل اليمين في الدعوى على المدّعى أو على المدّعى عليه؟ للشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
