two men, each of whom says, “I am a relative of so-and-so,” then the claimant must state the particular degree of kinship. He should say, “I am his paternal uncle, his brother, his nephew,” or the like. But if he has no rival claimant, it is sufficient for him to say, “I am his relative.” This is, however, a condition for the claim to be heard, because stating the cause is part of properly defining the claim; it is not a condition for establishing the inheritance itself. For we must require him to produce evidence testifying that he is related to that man.
If a woman dies and a man comes forward saying, “I am her heir by virtue of marriage,” his claim is heard. But if he says only, “I am her heir,” we do not hear his claim until he specifies the cause.
Likewise, if an enslaved man owned by someone dies, and a man comes forward saying, “I am his heir,” we say to him, “State the cause.” If he says, “I am his former master,” then we hear his claim and subsequently require evidence.
Is it a condition that the prerequisites be stated and the impediments negated? This is based on what has preceded, and the correct view is that it is not a condition.
His statement: “The probity of the evidence is to be considered both outwardly and inwardly.” We have previously mentioned that when one person makes a claim against another, he is required to produce evidence. In the Sacred Law, evidence is everything that makes the truth manifest and demonstrates it. This is why the Books sent down from heaven are called clear proofs: because they manifest and clarify the truth. Likewise, in the chapter on oaths in cases of suspected murder, in the Book of Criminal Offences, manifest enmity is termed a presumption and evidence; hence, the oaths of the claimants alone suffice in such a case.
However, the evidence required in claims involving property is two men, or one man and two women, or one man together with the claimant’s oath, due to His saying, Exalted is He:
“And call upon two witnesses from among your men. And if there are not two men, then a man and two women.” [al-Baqarah 2:282]
And it is established by the explicit, authentic sunnah that