دَابَّةٍ فِي أَيْدِيهِمَا وَ أَقَامَ كُلُّ وَاحِدٍ مِنْهُمَا الْبَيِّنَةَ أَنَّهَا نُتِجَتْ عِنْدَهُ فَأَحْلَفَهُمَا عَلِيٌّ ( عليه السلام ) فَحَلَفَ أَحَدُهُمَا وَ أَبَى الْآخَرُ أَنْ يَحْلِفَ فَقَضَى بِهَا لِلْحَالِفِ فَقِيلَ لَهُ فَلَوْ لَمْ تَكُنْ فِي يَدِ وَاحِدٍ مِنْهُمَا وَ أَقَامَا الْبَيِّنَةَ قَالَ أُحْلِفُهُمَا فَأَيُّهُمَا حَلَفَ وَ نَكَلَ الْآخَرُ جَعَلْتُهَا لِلْحَالِفِ فَإِنْ حَلَفَا جَمِيعاً جَعَلْتُهَا بَيْنَهُمَا نِصْفَيْنِ قِيلَ فَإِنْ كَانَتْ فِي يَدِ أَحَدِهِمَا وَ أَقَامَا جَمِيعاً الْبَيِّنَةَ قَالَ أَقْضِي بِهَا لِلْحَالِفِ الَّذِي هِيَ فِي يَدِهِ .
Translation
Muhammad Bin Yahya, from Muhammad Bin Ahmad, from Al Khashab, from Gayas Bin Kuleyb, from Is’haq Bin Ammar, (It has been narrated) from Abu Abdullah<sup>asws</sup> that two men disputed to Amir Al-Momineen<sup>asws</sup> regarding an animal which was in both their hands, and each one of them established the proof that he had bred it in his presence. So Ali<sup>azwj</sup> made both of them to swear an oath. So one of them swore and the other one refuse to swear. So due to it he<sup>asws</sup> judged for the one who swore the oath. So it was said to him<sup>asws</sup>, ‘Supposing it was not in the hand of any one of them and they both established the proof?’ He<sup>asws</sup> said: ‘They would both have to swear an oath. So whichever of the two swear, and the other one shirks from it, it would be made to be for the one who swore. So if both of them were to swear, it would be made to be for both of them together, (its price) in two halves’. So if it was in the hands of one of the two and they both establish the proof?’ He<sup>asws</sup> said: ‘I<sup>asws</sup> would judge by it to be for the one who swears in whose hand it is’.
Compiled by Shaykh Muhammad ibn Ya'qub al-Kulayni
Source
License: Free for educational and research use (Thaqalayn Data API)
Provided for research and educational purposes. Original source: Thaqalayn Project. Open License.