Sayyiduna Ash'ath bin Qays (may Allah be pleased with him) said: There was a dispute between me and a man. We came to the Messenger of Allah (peace and blessings be upon him). He (peace and blessings be upon him) asked: "Do you have proof?" I said: No. He (peace and blessings be upon him) said: "Then it is the other's oath."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الدعوى والبينات / 21219
Alqamah bin Wa'il bin Hujr al-Hadrami narrates from his father (Sayyiduna Wa'il bin Hujr (may Allah be pleased with him)) the story of the Hadrami and the Kindi: the Hadrami said: "O Messenger of Allah, this man has seized my father's land." The Kindi said: "It is my land; I cultivate it; he has no right in it." The Messenger of Allah (peace and blessings be upon him) asked the Hadrami: "Do you have any proof?" He said: No. So he (peace and blessings be upon him) said: "Then you are entitled to the Kindi's oath."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الدعوى والبينات / 21220
Amr bin Shu'ayb narrates from his father, and he from his grandfather (may Allah be pleased with him), that he said: I heard the Messenger of Allah (peace and blessings be upon him) saying on the day of the Conquest of Makkah: "The defendant has more right to the oath, unless proof is established against him."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الدعوى والبينات / 21221
Amr bin Shu'ayb narrates from his father, and he from his grandfather (may Allah be pleased with him), that the Prophet (peace and blessings be upon him) said: "The defendant has more right to the oath, as long as no testimony is established for him."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الدعوى والبينات / 21222