الدعاوى والبيِّنات

Jābir (may Allah be pleased with him) reported: Two men brought their dispute over a she-camel to the Prophet (may Allah’s peace and blessings be upon him). Both of them claimed that the she-camel was born on their property and produced evidence to support their claim. The Messenger of Allah (may Allah’s peace and blessings be upon him) ruled that it belonged to the one who had it in his possession.  

عن جابر, أنَّ رَجُلَين اخْتَصَما إلى النبي -صلى الله عليه وسلم- فِي نَاقِة , فقال كلُّ واحِدٍ مِنهما نُتِجَتْ هذه النَّاقَة عِندي وأَقَام بَيِّنة فَقَضَى بِها رسول الله -صلى الله عليه وسلم- لِلذي هِي فِي يَدِه.

شرح الحديث :

This Hadīth is about two people who are in dispute over an object, the one who has it in his possession is called the ‘insider’ and the other is the ‘outsider’. If the outsider has evidence in support of his claim, he shall be entitled to the object and take it, otherwise the insider should take an oath to confirm his claim and the object will belong to him, as it is already in his possession. However, if both of them produce evidence, as related in the Hadīth, the object shall go to the insider due to his possession of it, as that gives him the advantage.  

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