If two people dispute over something, each claiming it is his, and neither has evidence, and they refer the case to the judge, how is the ruling made?
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The questioner : If two people dispute over something, each claiming it is his, and neither has evidence, and they come to the judge.
The Shaykh : And it is in the possession of whom?
The questioner : It is in the possession of no one.
The Shaykh : It is not in the possession of anyone.
The questioner : They disputed, meaning over land, one saying this is mine and the other saying this is mine, and each claims it is his, and neither has evidence, and the oath is for which...
The Shaykh : In this case, it is said that either lots are drawn between them if one refuses to take the oath, or if they both swear or both refuse, or the land is divided between them if it can be divided.
The Shaykh : And it is in the possession of whom?
The questioner : It is in the possession of no one.
The Shaykh : It is not in the possession of anyone.
The questioner : They disputed, meaning over land, one saying this is mine and the other saying this is mine, and each claims it is his, and neither has evidence, and the oath is for which...
The Shaykh : In this case, it is said that either lots are drawn between them if one refuses to take the oath, or if they both swear or both refuse, or the land is divided between them if it can be divided.