A man against whose father a debt is claimed

Shurayh used to have a categorical oath taken from a man against whose father a debt was claimed: if he swore, well and good; otherwise it was taken from him. And if your father is owed a debt by a person, and you claim it from him, you shall establish the evidence; then if you swear along with your evidence, well and good; otherwise he shall not give it to you.

Ibrahim said: In these two matters, the oath shall be administered on the basis of his knowledge.

It is narrated from al-Sha'bi (may Allah have mercy on him) that Shurayh used to require a categorical oath concerning both what was absent and what was witnessed.

He said: I said to Amir: "What do you think: if a man claimed wealth against my father about which I have no knowledge, would I have to swear a categorical oath?" He said: "Yes." We objected to that strongly, so he said: "Turn the oath back to the one who knows more about it than you."

He said: And Amir used to adopt this view.

Ibrahim said: In a matter that a man undertook himself, he is required to swear a categorical oath; and in a matter that someone else undertook, he is required to swear according to his knowledge.

Ibrahim said: If a claim is made against a person's father, he is required to swear according to his knowledge.

It is narrated from Umarah bin Abi Hafsah that two men came to al-Hasan in a dispute. One of them said to him: "Make him swear concerning a right that belonged to his father, though he was not present with his father." Al-Hasan said: "Would anyone of sound mind swear to this?"