Jabir b. ‘Abdallah told that two men claimed an animal and both of them brought proof that it was his animal, the offspring of one of his beasts. God’s Messenger then gave his decision that it should go to the one who had it in his possession.
Umm Salama told on the Prophet’s authority about two men, who brought a dispute before him about inheritances, but had no proof beyond their claim. He said, “If I give a decision in favour of one respecting what is rightly his brother’s I am allotting him only a portion of hell.” Thereupon both the men said, “Messenger of God, this right of mine may go to my brother,” but he replied, "No; rather go and divide it up, aiming at what is right, then draw lots, and let each of you consider the other to have what is legitimately his.” In a version he said, “I judge between you only by my opinion regarding matters about which no revelation has been sent down to me.”
Abu Musa al-Ash'ari told that two men laid claim to a camel in the time of God’s Messenger and both of them sent two witnesses, so the Prophet divided it in halves between them.*
Abu Dawud transmitted it. A version by Nasa’i, Ibn Majah and him says that two men laid claim to a camel, but as neither of them could produce proof the Prophet declared they should share it equally.
* I have kept closely to the Arabic in this translation because the alternative version follows immediately afterwards. The meaning of both versions is the same, viz. that both men were to have equal use of the camel.
‘Amr b. Shu'aib, on his father’s authority, told that his grandfather reported the Prophet as saying, “Proof lies on the plaintiff and the oath is to be sworn by the defendant.”
