nor concerning the resumption (fayʾ) after an ʿilāʾ-oath of abstinence, nor in disputes over slavery, acknowledgment of paternity through concubinage (istilād), lineage, clientage (walāʾ), or the prescribed ḥudūd-penalties.

Abū Yūsuf and Muḥammad hold that an oath is required in all of these matters except in the ḥudūd and in cases of retributive killing or injury (qiṣāṣ).

If two people claim a specific article that is in a third party’s hand, each asserting that it belongs to him, and both produce evidence, judgment is given in their favor jointly.

If each of them claims to be married to a woman and both present evidence, neither set of evidence is upheld; the matter is referred to the woman, and whichever claimant she confirms is the one accepted.

If two individuals each allege, “I bought this slave from him,” and both establish their claim with evidence, each of them may choose: either he takes half of the slave for half the price, or he withdraws. If the judge rules that they share ownership and one of them then says, “I do not choose,” the other may not take the whole slave. Should only one of them produce dated testimony, the slave is awarded to the one whose evidence is dated. If neither produces a date but one of them has already taken possession, that possessor has the stronger claim.

If one claimant alleges a purchase while the other alleges a gift and possession, and both produce undated evidence, the purchase prevails.

If one claims a purchase and a woman claims that the slave was given to her as her bridal dower through marriage, their claims are of equal weight.

If one claims the slave as a pledged item that he has taken into his possession, while the other claims it as an outright gift he has also possessed, the right of pledge is given precedence.

When two outsiders each produce testimony of ownership bearing dates, the one with the earlier date prevails. If they both allege a purchase from the same seller and furnish dated evidence, the earlier date prevails. If each furnishes evidence of a purchase from a different seller and both specify dates, their claims are equal. If the outsider presents dated evidence of ownership and the current possessor produces evidence of an ownership with an even earlier date, the possessor is preferred.

If both the outsider and the possessor produce evidence based on progeny (birth of livestock), the possessor is preferred. The same rule applies to the weaving of cloth that can be woven only once, and to every cause of ownership that cannot recur.

If the outsider produces evidence of ownership while the possessor produces evidence that he purchased the article from that outsider, the possessor is preferred. If each produces evidence that he bought it from the other, with no dates in either testimony, the two bodies of evidence cancel one another out.

Should one claimant present two witnesses and the other four, they stand on equal footing.

Whoever claims the right of retaliation (qiṣāṣ) against another person and that person denies it—