Likewise, when the object is in the joint possession of both parties and one of them claims half of it while the other claims the whole, the one who claims half must swear in response to the claim of the one who claims all, and the property is then divided between them. Each of them already holds half of it, so the claimant of the whole becomes a claimant against his companion for the half that is in the latter’s hand, and that companion has already sworn; for this reason there is no point in requiring an oath from the claimant of the whole.

If the object is instead with a third party and one of the two men claims half while the other claims the entire thing, they both swear according to their respective claims. The claimant of the whole then receives three-quarters of the property, and the claimant of half receives one-quarter, because the latter has acknowledged that the other half belongs to his companion, and their dispute concerns only the remaining half. Once they have both sworn, that remaining half is divided between them, and this is how the claimant of the whole comes to take three-quarters.

If men testify against someone about a liability but neither specify its nature nor know its amount, their testimony has no effect so long as the defendant denies the claim. However, if they testify that he bought a commodity from the plaintiff, received it, and therefore owes its price, yet they do not know what that price was, he is told, “Admit whatever sum you think corresponds to the price of that commodity,” and the amount he admits becomes binding on him. Should they testify that he owes dinars or dirhams without specifying how many, the least that may be imposed on him is three, and he must swear to that amount provided it is consistent with the usual price of such goods.

When, after a divorce, a man and a woman dispute household effects—or when either of them and the other’s heirs dispute after one of them has died—the rule is that, for items normally belonging to women, the woman’s statement prevails together with her oath, and for items normally belonging to men, the man’s statement prevails together with his oath, unless one of them produces admissible evidence, in which case judgment is given accordingly. Whoever swears must do so with a decisive oath (al-batt); and if it is an heir who swears, he swears only to what he actually knows.

If they disagree over articles commonly used by both men and women, the man’s statement is accepted with his oath, whether the house in which the goods are found belongs to the woman or to the man. And if they disagree over the ownership of the house itself, the man’s word is accepted—because he is responsible for providing accommodation—unless she produces proof to the contrary.