cases of dispute. If anything appears to depart from this principle, there must be a reason for it. If there is no reason to exclude it from this principle, then do not treat it as an exception. The evidence for this principle is the Prophet’s statement, “The burden of proof is upon the claimant, and the oath is upon the one who denies” (1). This is because the presumption supports the one who denies, namely, that he is free of liability.

Thus, if the spouses—or their heirs after their deaths—disagree, such as when the husband says, “I gave you one hundred as your bridal gift,” and the wife says, “Rather, it was two hundred,” then the husband’s statement, or that of his heirs, is accepted. This is because they agree on the one hundred and differ over the additional amount. Whoever claims it must produce evidence, and whoever denies it must swear an oath.

Rationally, the evidence is that the husband is the party liable for payment, so his statement is accepted in denying that which would entail a financial liability, unless evidence is produced. We therefore say to the woman: Produce evidence that the bridal gift was two hundred; otherwise, the husband must swear an oath and give you one hundred.

Another example: the husband says, “I gave you two hundred as your bridal gift,” while the wife says, “Rather, it was one hundred.” If we were to say that the husband’s statement is accepted, we would compel the wife to accept the one hundred. The correct view, however, is that we do not hold the wife liable for the additional amount unless he produces evidence. This is like one person saying to another, “I owe you one hundred,” and the creditor saying, “Rather, it is fifty.” We do not compel him to accept the one hundred.

In reality, such a claim—where the husband claims more than the wife acknowledges—is rare. Yet if it occurs, the wife’s statement is accepted, because the presumption is that what he claims is not established unless he produces evidence.

His statement, “or its specific item,” means that the spouses, or their heirs, disagree over the particular item constituting the bridal gift. That is, she says, “You gave me this camel as my bridal gift,” and he says, “Rather, this…”