Musnad Ishaq

Benefits:
In another hadith, it is narrated from Sayyiduna Abu Hurairah radi Allahu anhu that he said: Two men disputed over a transaction, and neither of them had any proof. So the Messenger of Allah sallallahu alayhi wa sallam ordered them to draw lots and to swear an oath, whether they liked it or disliked it. (See the explanation of Hadith number: 23)

However, in the aforementioned hadith, it is mentioned that he decided to divide it half and half. Most of the researchers consider this narration to be weak. However, Shaykh Hazim Ali Qazi has declared it authentic. The answer given to this is that the animal was in the possession and control of both, and for this reason, the Prophet sallallahu alayhi wa sallam decided to divide the animal between them based solely on their claims.

The second point is that if the claimant (mudda‘i) does not present witnesses and the defendant (mudda‘a ‘alayh) does not wish to swear an oath, then the judge (qadi) can reconcile them with their mutual consent. In such reconciliation, the disputed property may be divided half and half. If they are not willing to reconcile, then the judge will administer an oath. If both refuse to swear an oath, then the judge will draw lots; whoever’s name is drawn, either he will swear an oath or he will relinquish his claim to the property.