We stated that the claimant must provide evidence; if he does not find it, the oath is directed to the defendant. So how is the defendant’s right waived if the claimant subsequently provides evidence and judgment is enforced?
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The questioner : In the preceding hadith, we stated that the claimant must provide evidence; if he does not have evidence, the oath is directed to the defendant. In this case, his right is lost. So what if he provides evidence afterwards? Is his right waived here and judgment enforced?
The Shaykh : Because when he provided evidence after the oath was taken, saying, “By Allah, I owe him nothing,” and then the evidence was presented, it became clear that he was lying.
The questioner : The evidence...
The Shaykh : No, the intended meaning of “evidence” is accepted evidence. If the defendant objects to the evidence, challenging it by declaring it unreliable, stating that the witnesses are lying, and asserting that the testimony of these individuals is not acceptable, as if the opponent had not taken the oath, he has the right to do so if he objects to the evidence. However, if he does not provide evidence for his objection and is given three days, judgment is rendered based on the evidence.
The Shaykh : Because when he provided evidence after the oath was taken, saying, “By Allah, I owe him nothing,” and then the evidence was presented, it became clear that he was lying.
The questioner : The evidence...
The Shaykh : No, the intended meaning of “evidence” is accepted evidence. If the defendant objects to the evidence, challenging it by declaring it unreliable, stating that the witnesses are lying, and asserting that the testimony of these individuals is not acceptable, as if the opponent had not taken the oath, he has the right to do so if he objects to the evidence. However, if he does not provide evidence for his objection and is given three days, judgment is rendered based on the evidence.