Musannaf Ibn Abi Shaybah

It is narrated from Hazrat Urwah (may Allah have mercy on him) that there was a dispute between the people of the tribe of Fahm and the tribe of Banu Sulaym regarding an ear. They took their dispute to Marwan. Marwan requested Hazrat Ibn Zubair (may Allah be pleased with him) to decide between them. When he was about to make a decision, the testimonies from both sides were found to be equal. Hazrat Ibn Zubair (may Allah be pleased with him) cast lots between them, and due to the equality of the testimonies from both sides, he decided in favor of the one whose name was drawn in the lot.

Ibrahim (may Allah have mercy on him) said that if testimonies are established from both sides, then the right to the item will be considered to belong to the one who has possession of it.

Hazrat Zuhri (may Allah have mercy on him) says that if there is a disagreement among the witnesses in any community and the witnesses are equal in terms of credibility and number, then the defendant will be required to take an oath.