could withstand it. But the experts said, “It cannot withstand such severe cold and snow, for this sheep is not one of those that live in snowy lands.” Yet he said, “If snow falls upon this sheep in this place, it will remain alive,” and so he considered himself not to have been negligent. But the experts said, “This is negligence.” In that case, the experts’ judgment is followed, and the depositor’s statement is accepted.

This concerns cases of disagreement regarding a deposit. In reality, all the cases of disagreement mentioned by the jurists are encompassed by two words spoken by the Prophet ﷺ: “The burden of proof is upon the claimant, and the oath is upon the one who denies.” (1) Everything the authors—may Allah have mercy on them—have mentioned concerning disputes, whose statement is accepted and whose is not, ultimately returns to this hadith. Nevertheless, there is no harm in setting out the details.

If he says, “You did not deposit anything with me,” then this is established by evidence or an admission, and he subsequently claims that he returned it or that it was destroyed before his denial, neither claim is accepted, even with evidence …

His statement, “If he says,” means: if the depositary says this to the depositor.

His statement, “You did not deposit anything with me,” means that he denies the deposit.

His statement, “then this is established by evidence,” means that it is established that the depositor entrusted it to him. Here, evidence consists either of two men, or one man and two women, or one man together with the claimant’s oath, because this is the evidentiary standard for property and matters intended to establish property rights.

That evidence may be established by two men, or by one man and two women, is stated in the Quran, in the words of Allah, the Exalted: “And call to witness two witnesses from among your men. If two men are not available, then a man and two women.” [al-Baqarah 2:282] Its establishment by one man together with the claimant’s oath is established by the sunnah, for it is authentically reported from the Prophet ﷺ that “he ruled on the basis of a witness together with an oath.” (2)