Musannaf Ibn Abi Shaybah

It is narrated from Hazrat Sha’bi (may Allah have mercy on him) that the people of the tribe of Azd had an animal. Another group claimed ownership of it and presented witnesses that it was their animal, which had gone missing during the era of Hazrat Umar bin Abdul Aziz. Those who had possession of the animal also presented witnesses that the animal was born among them. The matter was brought before their judge, Abdur Rahman bin Azniyah. One party would come in the morning and present witnesses, then the other party would come in the evening and present even more witnesses. The judge wrote to Hazrat Shurayh (may Allah have mercy on him) about the situation. Hazrat Shurayh (may Allah have mercy on him) wrote back that the abundance of witnesses is not to be considered; those who have presented witnesses that the animal was born among them and who have possession of the animal have a greater right to it.

It is narrated from Ibrahim that two men claimed ownership of an animal, and neither of them had possession of the animal. One of them presented two witnesses, while the other presented four witnesses. The Prophet said: "The animal will be divided equally between the two, because two witnesses establish the right."

Hazrat Sha’bi (may Allah have mercy on him) says that it will be according to the shares of the witnesses among them.

Hazrat Hisham bin Hubairah used to decide in favor of the party which had more witnesses.

It is narrated from Hazrat Muhammad bin Ka'b, may Allah have mercy on him, that I sold a mule to a person. He kept it for as long as Allah willed, then he came to me, and I recognized the mule with him. We both went to Hazrat Shurayh. I took the animal and started walking away with it. One of them produced seven witnesses that this animal belongs to him, it has neither been sold nor gifted, and the other came and produced six witnesses that this animal belongs to him, it has neither been sold nor gifted. Hazrat Shurayh, may Allah have mercy on him, said: I bear witness that one of the parties is certainly lying. He then divided it among them into thirteen parts, giving each a share according to the number of his witnesses.

Two men came to Hazrat Ali (may Allah be pleased with him) disputing over a mule. One of them presented five witnesses that the animal was born at his place, and the other person presented two witnesses that it was born at his place. Hazrat Ali (may Allah be pleased with him) divided it into seven parts between them.