Imam al-Shafi'i (may Allah have mercy on him) said: "There are two views on this (issue). One of them is that lots will be cast between the two of them; then the one whose lot comes out will swear that his witnesses have certainly testified to the truth, and then (the judge) will give judgement for him regarding it (the item)."
Imam al-Shafi'i (may Allah have mercy on him) said: "Sa'id bin al-Musayyib (may Allah have mercy on him) held the view of casting lots and narrated it from the Prophet (peace and blessings be upon him), and the people of Kufah narrate it from Sayyiduna Ali bin Abi Talib (may Allah be pleased with him)."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الدعوى والبينات / Q21235
Sa'id bin al-Musayyib (may Allah have mercy on him) said: Two men came to the Prophet (peace and blessings be upon him) with a dispute. Both also presented upright witnesses. He (peace and blessings be upon him) cast lots between the two of them and said: 'Allahumma anta taqdi baynahum' (O Allah, You judge between them). Then he (peace and blessings be upon him) gave judgement for the one whose lot came out.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الدعوى والبينات / 21235
Urwah and Sulayman bin Yasar (may Allah have mercy on them) said that two men came to the Prophet (peace and blessings be upon him) with a dispute, and each of them had witnesses, and they were equal. He (peace and blessings be upon him) cast lots between the two of them.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الدعوى والبينات / 21236
Simak narrates from Hanash (may Allah have mercy on him) that a mule which was being sold in the market was brought to Sayyiduna Ali (may Allah be pleased with him). One man said: This mule is mine; I neither gifted it nor sold it, and he produced five witnesses. Another man also claimed the mule and produced two witnesses. So Sayyiduna Ali (may Allah be pleased with him) said: There is both a judgement and a settlement for this. (The settlement is) that the mule be sold and divided into seven shares: the one who produced five witnesses is given five shares, and the other is given two shares. If a judgement by right is what is wanted, then one of the two swears that this mule is his and that he neither sold nor gifted it. If you dispute over which of you should swear, I will cast lots between you for the oath, and the one whose lot comes out will swear. Then judgement was given in this way, and I am a witness (to it).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الدعوى والبينات / 21237
Abu Rafi' narrates from Sayyiduna Abu Hurayrah (may Allah be pleased with him) that when both parties present one witness each, I will cast lots between them, because the Prophet (peace and blessings be upon him) also did so.
(b) Abu Rafi' narrates from Sayyiduna Abu Hurayrah (may Allah be pleased with him) that two people came to the Prophet (peace and blessings be upon him) with a dispute. Neither of them had witnesses. The Prophet (peace and blessings be upon him) said: "Cast lots between yourselves for the oath."
Imam al-Shafi'i (may Allah have mercy on him) said: It will be divided equally between them, because the proofs of both are equal.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الدعوى والبينات / 21238
Sa'id bin Abi Burdah narrates from his father, who narrates from Sayyiduna Abu Musa al-Ash'ari (may Allah be pleased with him), that two men made a claim over a camel and each presented two witnesses. So the Prophet (peace and blessings be upon him) divided it between them; but there is no mention in it that the camel was not in the hands of either of them.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الدعوى والبينات / 21239
Tamim bin Tarafah (may Allah have mercy on him) said that two men brought a dispute over a camel and also presented witnesses; he (peace and blessings be upon him) divided it equally between them.
This is munqati' (its chain is broken).
Imam al-Shafi'i (may Allah have mercy on him) said: Tamim is an unknown (majhul) man.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الدعوى والبينات / 21240
Abd al-Rahman bin Abi Layla (may Allah have mercy on him) said: I came to Sayyiduna Abu al-Darda' (may Allah be pleased with him) when some people brought a dispute over a horse, and both parties presented witnesses that the animal had been born in their care; so he gave judgement between them.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الدعوى والبينات / 21241
Abd al-Rahman bin Abi Layla (may Allah have mercy on him) said that two men brought a dispute over a horse. Both presented proofs that it had been born in his care and that he had not sold or gifted it. So Sayyiduna Abu al-Darda' (may Allah be pleased with him) said: One of you two is lying; and he divided it equally between them.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الدعوى والبينات / 21242
Abd al-Rahman bin Abi Layla (may Allah have mercy on him) said: I was sitting with Sayyiduna Abu al-Darda' (may Allah be pleased with him); and he narrated a hadith of similar meaning, (adding) that they had found the horse with a man.
Imam al-Shafi'i (may Allah have mercy on him) said: In a matter like this I suspend judgement; the two of them may be given something by way of settlement, otherwise nothing at all is to be given.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الدعوى والبينات / 21243
Sayyidah Umm Salamah (may Allah be pleased with her) said: Two men of the Ansar came with a dispute over an inheritance whose traces had been effaced, and those who knew about it had died. He (peace and blessings be upon him) said: "I am a human; in matters about which nothing has been revealed to me, I judge by my own opinion. Whomever I give judgement in favour of from his brother's right, it is as though I am giving him a piece of fire." The two of them were weeping and said: O Messenger of Allah (peace and blessings be upon him), give my right to him! He (peace and blessings be upon him) said: "Go and divide it between yourselves, aim for what is right, then cast lots, then let each of you release the other (from his right)."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الدعوى والبينات / 21244