but they are evenly matched1 in every respect, the two proofs offset and nullify one another. In that case they both swear an oath, divide equally whatever each already holds, and cast lots for anything beyond that; whoever’s name is drawn receives it after swearing.

If the disputed property is in the possession of one of them, he is the possessor (dākhil) and the other the claimant (khārij); the claimant’s evidence takes precedence over the possessor’s oath. Yet if the claimant2 produces evidence that it is his while the possessor produces evidence that he bought it from him, the possessor’s evidence is preferred, for it contains additional information. Or, if each of them produces evidence that he purchased it from a given seller, whichever deed bears the earlier date is acted upon.

Fourth: the item is in the hands of a third party. If that third party claims it for himself, he must swear an oath to each disputant; should he refuse,3 the item is taken from him together with its equivalent value and lots are drawn between the two claimants. If he acknowledges that it belongs to both of them, they divide it, he swears an oath to each, and each claimant swears to the other concerning the half awarded to him.

If the holder says, “It belongs to one of you, but I do not know which,” and they both accept his statement, he need not swear. Otherwise, he swears a single oath, lots are drawn between them, and whoever’s name is drawn swears and takes the item.