An example of a right is for one person to claim against another that he slandered him by accusing him of unlawful sexual relations. Likewise, he may say: “I claim against him the right of pre-emption,” or the like.

The author’s statement, “and evidence”: this is the plural of bayyinah, which is anything that clarifies and makes a matter manifest. It takes different forms according to the context. The evidences of the messengers are their signs that demonstrate their messengership. Allah Most High says:

“We certainly sent Our messengers with clear proofs.” [Quran 57:25]

The evidence concerning lost property is that its claimant accurately describes it. The evidence in qasāmah is that the claimants take fifty oaths, and so on. Thus, evidence is everything that clarifies and makes a matter manifest, whether it is a circumstantial indication upon which it is permissible to act or a legally prescribed proof—such as testimony—that must be accepted.

When the two women disputed before Solomon son of David—peace and blessings be upon them both—over a child belonging to one of them, he called for a knife to split him in two between them. The older woman agreed, while the younger said, “Do not split him; he is her son.” So he awarded the child to the younger woman (1). This strong circumstantial indication constituted evidence; therefore, he ruled in favour of the younger woman without an oath or anything else, because her refusal to have the child split in two proved that she was his mother.

The author then explained the claimant and the defendant, saying:

“The claimant is the one who, if he remains silent, is left alone; whereas the defendant is the one who, if he remains silent, is not left alone.” An example is that I claim that you owe me one hundred riyals. If I remain silent about