Musannaf Ibn Abi Shaybah 22591 — Two men claiming something, one

It is narrated from al-Sha'bi (may Allah have mercy on him) that some people of the tribe of al-Azd had an animal. Another group laid claim to it and brought witnesses that it was their animal, which had gone missing in the time of Umar bin Abd al-Aziz. Those who held the animal also brought witnesses that it had been born in their possession. The matter was brought before their judge, Abd al-Rahman bin Udhaynah. One party would bring witnesses in the morning, and the other would bring more than them in the evening. The judge wrote to Shurayh (may Allah have mercy on him) about the situation, and Shurayh (may Allah have mercy on him) wrote: A greater number of witnesses carries no weight. Those who have brought witnesses that it was born in their possession, and in whose hands the animal is, have the greater right to it, and they are the more entitled where there is doubt.