of which we have previously mentioned examples: such as a man fleeing with a headcloth in his hand and another headcloth on his head, while another man pursues him, raising his voice, bareheaded, and saying, “Give me back my headcloth!” Here the apparent circumstances support the claimant, so he may take an oath alongside this manifest circumstantial evidence. Or consider a man and a woman disputing over household utensils: the man says, “The coffee pots are mine,” while the woman says, “Rather, they are mine.” The apparent circumstances support the man, since coffee pots are ordinarily his possessions. But if they dispute over something that may be brought by women as well as by men, such as furnishings—for sometimes the man provides them, and sometimes the woman provides them, wishing for her sitting area before the women to be pleasant and well-appointed—then, if they dispute over them and it is more likely that they belong to the woman, she takes an oath and takes them. This shows that property claims have the broadest range of evidentiary means.
His statement, “and the term,” refers to the term in a sale. It may be claimed either by the seller or by the buyer. For example, if someone buys a house from another person and claims that the price is deferred for one year, while the seller denies this, then the buyer is the claimant. We say to him: Produce evidence; and his evidence is as the author has mentioned. The seller may also be the one claiming deferment, as, for example, in a salam contract—which involves payment of the price in advance and delivery of the goods at a later date. Thus, the seller may claim an extension of the term: the buyer says, “The term of the salam contract is one year,” while the seller says, “Rather, the term of the salam contract is two years.” In all cases, whoever claims a term—whether seller, buyer, lessee, or lessor—must produce one of the three forms of evidence mentioned by the author, because this is a matter intended to secure property.
Another example is a loan: Zayd claims that he lent Shakir one hundred riyals.