whereas Abū Yūsuf holds that the two parties must each swear an oath and that the contract is rescinded with respect to the surviving slave. Muḥammad goes further: they both swear oaths regarding the two slaves, the contract is annulled, the living slave is returned, and the value of the one that has died is refunded.
If husband and wife differ over the dower (mahr) and the husband claims that he married her for one thousand while she maintains that it was two thousand, the testimony of whichever party produces evidence is accepted. If both produce evidence, the wife’s evidence prevails. If neither can adduce evidence, they swear mutual oaths according to Abū Ḥanīfah; the marriage is not dissolved, but the judge awards the customary dower (mahr al-mithl). If that customary dower equals or is less than the amount the husband admits, judgment is given for the husband’s figure; if it equals or exceeds the amount claimed by the wife, judgment is for the wife’s claim; and if the customary dower is higher than the husband’s admission yet lower than the wife’s demand, she receives the customary dower.
When lessor and lessee disagree about the terms of a lease before the lessee has taken possession of, or benefited from, the leased object, they swear mutual oaths and each party returns what he has taken. If the dispute arises after full benefit has been taken, no oaths are administered and the lessee’s word is accepted. If the dispute surfaces after part of the benefit has been taken, they swear oaths and the contract is rescinded for what remains, while, for what has already passed, the lessee’s statement prevails.
If a master and his mukātib (a slave under a manumission contract) disagree about the amount of the kitābah price, no mutual oaths are taken according to Abū Ḥanīfah; Abū Yūsuf and Muḥammad hold that they must both swear oaths and the kitābah contract is thereby annulled.
When husband and wife quarrel over household effects, items normally used by men belong to the husband, items normally used by women belong to the wife, and items suitable for both belong to the husband. If one spouse dies and that spouse’s heirs dispute with the survivor, anything suitable for either men or women goes to the survivor. Abū Yūsuf, however, says that the woman should first be given furnishings sufficient for a woman of her status; the remainder goes to the husband.
If a man sells a slave-girl who later bears a child and the seller claims the child, then, if the birth occurs in less than six months from the date of sale, the child is deemed the seller’s son and the slave-girl becomes an umm walad for him; the sale is annulled with respect to her and the price is returned. If the buyer also claims the child, whether at the same time or afterwards, the seller’s claim has priority. If the child is born after six months or more, the seller’s claim is not accepted unless the buyer confirms it.
If the child dies and the seller lays claim to him, and the birth had occurred in less than six months, the mother does not acquire the status of umm walad. If the mother dies and the seller claims the son, and the birth had occurred in less than six months, paternity is established for the seller; he takes the child and, according to Abū Ḥanīfah, refunds the entire purchase price. Abū Yūsuf and Muḥammad say that he refunds only the portion of the price attributable to the child, not that attributable to the mother.
Whoever establishes parentage for one of a pair of twins thereby establishes it for both. Allah knows best.