Al-Kafi 14613

Translation

Muhammad Bin Yahya, from Muhammad Bin Al Husayn, from Safwan, from Shuayb, from Abu Baseer who said, ‘I asked Abu Abdullah^asws about the man who came to a group of people and claimed for a house which was in their hands, and the one in whose hand was the house established the proof and he had inherited it from his father, and it is not known how was his matter’. So he^asws said: ‘The one with the most proof would have to swear an oath, and it would be handed over to him’. And he^asws mentioned that they came to Ali^asws with a group of people disputing regarding a mule. So the proof was established for these ones that they had bred it in their stable, and neither had they sold it nor had they gifted it; and those ones established the proof that they had bred it in their stable, and neither had they sold it nor gifted it. So he^asws judged by it based upon the one with the most proof, and made them swear an oath’. He (the narrator) said, ‘So I asked him^asws at that time, ‘What is your view that there was one who claimed for the house?’ So he^asws said: ‘If the father of the one who was (living) in it acquired it without a price and the one who was in it cannot establish (proof) except that he had inherited it from his father?’ He^asws said: ‘If it was like that, so it is for the one who claims it and establishes the proof for it’.

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