Al-Kafi 14602

Translation

Muhammad Bin Yahya, from Muhammad Bin Ahmad, from Muhammad Bin Isa Bin Ubeyd, from Yaseen Al Zareyr, from Abdul Rahman Bin Abu Abdullah who said, ‘I said to the Sheykh^asws, ‘Inform me about the man who claims upon a man for the right, but there does not happen to a proof for him with what is for him’. He^asws said: ‘The defendant would swear an oath. So if he were to swear then there is no right for him (the claimant), and if he does not swear, so it is upon him (to pay). And if the one sought with the right (defendant) had died, so the proof would be established against him, therefore it would be upon the claimant to swear an oath by Allah^azwj, the One, besides Whom there is no god except for Him^azwj, that so and so has died and that the right is for him (his right is due on him). So if he were to swear, (fine) or else there is no right for him, because we do not know that perhaps he (the deceased) has fulfilled it (the debt) with the proof which is not known, nor do we know its place, or with other proof before the (occurrence) death. Thus, from then the (swearing of) the oath came to be upon him (the claimant), along with the (burden of) the proof. So if he were to claim without proof, so there is no right for him, because the defendant is not alive, and had he been alive, the (swearing of) the oath would be necessitated, or the (payment of the) right, or turning of the (swearing of the) oath upon him (the claimant). Thus, from then, his right is not proved’.

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