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Musannaf Ibn Abi Shaybah 20974

✧ Regarding the man who claims something and establishes evidence for it, then is made to swear that he did not sell

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حَدَّثَنَا جَرِيرٌ، عَنْ مُغِيرَةَ عَنِ الْحَارِثِ

فِي الرَّجُلِ يَدَّعِي الدَّابَّةَ فِي يَدِ الرَّجُلِ فَيَقُولُ: ضَلَّتْ مِنِّي، قَالَ: " لَا أَقُولُ لِلشُّهُودِ: إِنَّهُ لَمْ يَبِعْ وَلَمْ يَهَبْ، وَلَكِنْ إِذَا شَهِدَتِ الشُّهُودُ أَنَّهَا دَابَّتُهُ، ضَلَّتْ مِنْهُ، أُحَلِّفُهُ بِاللهِ: مَا بَاعَ وَلَا وَهَبَ

Translation

Machine translation, not reviewed

Concerning a man who claims an animal in another man's possession and says: "It strayed from me." He said: "I do not say to the witnesses: he did not sell and did not give. But if the witnesses testify that it is his animal, which strayed from him, I make him swear by Allah: he did not sell and did not give.

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