The Case of Two People who Claim for Something Each one with Testimony

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who comes to a certain people and claims the house. It is in their possession but he claims to be his house. The one who has the house in his possession presents testimony that he has inherited it from his father but does not know more about it. He (the Imam) said, The party that has the greater degree of testimony is asked to take an oath and it then is given to him.’ He (the Imam) then mentioned that once a certain people came before Ali (a.s.). They had a dispute over a mule. There was testimony that this party had bred it in their barn, which they did not sell, or gift; and the other party presented testimony that they had bred it in their barn and had not sold or gifted. He (the Imam) issued a judgment in favor of the party with a greater degree of testimony and asked him to take an oath. I then asked about the one who claims a house to be his house. He (the Imam) said, Tf the father of the one who lives there had taken it without price and the one living in it did not present testimony but that he has inherited it from his father’, he (the Imam) said, Tf this is the case it then belongs to the one who has claimed it and has presented testimony.’” (In al-Masalik it is said that when testimonies contradict and the asset is in their hand they each receive one-half)

“Abu ‘Abd Allah (a.s.), has said that once two men presented their case before Amir al- Mu’minin, Ali (a.s.), about a stumper in their hand and each presented testimony that it was bred in his facilities. He (the Imam) then asked them to take an oath. One party did not take oath, then he (the Imam) issued a judgment in favor of the one who had taken the oath. It then was asked, ‘What would have happened if it was not in the hand of anyone of them and both presented testimony?’ He (the Imam) said, ‘I would ask them to take an oath. If one party took the oath and the other refused, the one who took the oath wins the case. If both of them took oath I will make it for them half and half.’ It then was asked, ‘What happens if it is in the hand of one of them and they both present testimony?’ He (the Imam) said, ‘I would issue a judgment in favor of the one who has it in his hand and takes an oath.’”

“Abu ‘Abd Allah (a.s.), has said that ’ Amir al-Mu’minin, Ali (a.s.), whenever two people came before him with just witnesses in equal numbers, would cast a raffle about who must take the oath.’ He (the Imam) said that he (the Imam) would say, ‘O Lord of the seven heavens, whoever is right then make it available for him’ and he would decide in favor of the one whose raffle came out for taking the oath; if he took the oath.’”

“About the case of two witnesses who testify about one thing and two others testify differently, abu ‘Abd Allah (a.s.), has said that a raffle must be arranged and whoever ’s name comes out to take an oath then judgment must be issued in his favor.’”

“Once, two men recognized a camel and each one presented testimony. ’ Amir al-Mu’minin, Ali (a.s.), made it half and half for them.’”

“Abu ‘ Abd Allah (a.s.), has said that once two men presented their case before Amir al- Mu’minin, Ali (a.s.), about a stumper and both presented testimony that he has bred it in his facilities. He (the Imam) issued a judgment in favor of the one who had it in his possession saying, ‘Had it not been in his possession I would make it one-half for each one of them.’”