Dispute of Man and Woman over Household Items

“Abu ‘Abd Allah (a.s.), once asked me, ‘Does ibn abu Layla 5 reverse his judgments? 5 I replied, ‘I have come to know that he issued a judgment about the assets of man and woman when one of them died and the living heirs claim it as well as the heirs of the dead, or when she is divorced then the men claim it as well as women. It is about four cases. He (the Imam) asked, ‘What are they? 5 I replied, ‘The first is that he issued judgment by the words of Ibrahim al-Nakha‘iy. He (Ibrahim) would give the items that were especially for women to women and those for men to men and whatever was for both men and women, divide between them half-and-half. Then I came to know that he said, “Men are the owner of the house and women are additions on them. She is the plaintiff. All items belong to men except those especially for women which are for women. 55 He then issued a judgment that if I had not experienced it I would not mention. A woman from us died and left behind her husband and assets. I took the case before him. He then asked us to list the goods. When he read it, he then said to the husband, “This is for both man and woman so we give it to the woman, except the balance because it is of the assets of man and it is for you. 55 5 He (the Imam) asked, ‘What is his judgment now? 5 I replied, ‘He has reversed and now he says according to the words of Ibrahim al-Nakha‘iy that the house is for man. 5 I then asked him (the Imam) what he (the Imam) said in the case. He (the Imam) said, ‘It is the case that you experienced and that he then reversed. 5 1 then asked, ‘Do the items belong to the woman? 5 He (the Imam) said, ‘Consider, if she were to present proof; how much proof would she need? 5 1 replied, ‘She needed two witnesses. 5 He (the Imam) said, ‘Were you to ask from between the two mountains - we were in Makkah in those days - they tell you that the items and assets that are given as gifts publicly from the house of the woman to the house of her husband is what she has brought (belongs to her). He is the plaintiff and if he thinks that he has increased anything to it he must present testimony.