1230 – Jabir (may Allah be pleased with him) reported: “Two men disputed over a she-camel. Each of them said, ‘This she-camel was born in my herd,’ and both produced witnesses. The Messenger of Allah ﷺ therefore ruled in favor of the one who had it in his possession.” Narrated by al-Daraqutni, and its chain of transmission is weak (1).
— Status of the hadith:
The report is weak. In al-Talkhis it is stated: Al-Daraqutni and al-Bayhaqi transmitted it from Jabir, and its chain is weak because it contains Yazid ibn Naʿim; Ibn al-Qattan said: “His reliability is unknown.”
— Vocabulary:
• nutiijat: The verb nataja means that the herdsman attends to the she-camel until she gives birth. The she-camel is then called muntūjah, the newborn is nātijah. Originally the verb takes two objects, but it can be used in the passive—nutiijat al-nāqatu waladan (“the she-camel bore a calf”)—and the second object may be omitted, as in this hadith.
— Points inferred from the hadith:
- The hadith supports what was explained earlier under hadith no. 1227: when a disputed tangible item (ʿayn) is in the hand of one claimant but not the other, the holder is termed al-dākhil (“inside claimant”) and the other al-khārij (“outside claimant”). If the outside claimant produces evidence proving his claim, he is entitled to the item and takes it; if he does not