Clarification of the Rule: The Proof is on the Claimant and the Oath is on the Denier
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Question : This is a specific case. Zayd claimed that 'Amr owed him a thousand riyals as a debt, so 'Amr said, "No, I do not owe you anything." We told Zayd, "Bring proof." He said, "I have no proof."
Answer : My brother, apply the hadith, apply the hadith. Yes, what is it? Jumu'ah. From your side. Tamattu'. We tell 'Amr: "Swear that you do not owe Zayd anything, is that right?" Good, this is the correct position. If he refuses to swear and says, "I will not swear; should I not bring proof and take my right, or should I not swear?" He is held liable. He is held liable. That means he is judged as having defaulted (nukhul). If he refuses to swear, we say, "Then you have conceded the claim," because if you are truthful, it does not harm you to swear, and your defaulting on the oath indicates that your companion who claimed against you is truthful. Is that clear? Good. Do we return the oath to the claimant? Meaning, if the defendant defaults, do we tell the claimant, "Swear"? We do not return it, because the Prophet (peace and blessings be upon him) said, "The proof is on the claimant and the oath is on the one who denied," and the case ends there.
Yes, and some scholars said that if the judge sees that he should return the oath to the claimant, he has the right to do so, because the defendant's refusal to swear may be due to scrupulousness. So the oath is returned to the claimant, and it is said, "If you are truthful in your claim, it does not harm you to swear."
Answer : My brother, apply the hadith, apply the hadith. Yes, what is it? Jumu'ah. From your side. Tamattu'. We tell 'Amr: "Swear that you do not owe Zayd anything, is that right?" Good, this is the correct position. If he refuses to swear and says, "I will not swear; should I not bring proof and take my right, or should I not swear?" He is held liable. He is held liable. That means he is judged as having defaulted (nukhul). If he refuses to swear, we say, "Then you have conceded the claim," because if you are truthful, it does not harm you to swear, and your defaulting on the oath indicates that your companion who claimed against you is truthful. Is that clear? Good. Do we return the oath to the claimant? Meaning, if the defendant defaults, do we tell the claimant, "Swear"? We do not return it, because the Prophet (peace and blessings be upon him) said, "The proof is on the claimant and the oath is on the one who denied," and the case ends there.
Yes, and some scholars said that if the judge sees that he should return the oath to the claimant, he has the right to do so, because the defendant's refusal to swear may be due to scrupulousness. So the oath is returned to the claimant, and it is said, "If you are truthful in your claim, it does not harm you to swear."
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 322 - 336 توضيح قاعدة البينة على المدعي واليمين على من أنكر - الشيخ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
