Drawing Lots in Conflicting Claims: Shar‘i Ruling
✍ Written by: Imran Ayub Lahori
❀ When Two Conflicting Claims Arise
If two pieces of evidence contradict one another and there is no reason for preference, then the disputed item (the thing being claimed) will be divided between the claimants.
During the Prophetic era, two men claimed ownership of a camel. Each of them produced two witnesses, so:
فقسمه النبى صلى الله عليه وسلم بينهما نصفين
"The Prophet (ﷺ) divided it between them, half and half."
[Ḍaʿīf: Irwāʾ al-Ghalīl: 266; Abū Dāwūd: 3615, Kitāb al-Qaḍāʾ, Bāb al-Rajulayn Yaddaʿiyān Shayʾan wa Laysa Lahumā Bayyinah; Ḥākim: 4/95; Bayhaqī: 10/254]
Another narration states that when neither of the two men had any evidence or witnesses, the Prophet (ﷺ) divided the disputed item between them equally.
[Ḍaʿīf: Irwāʾ al-Ghalīl: 2656; Abū Dāwūd: 3613; Nasāʾī: 8/248; Ibn Mājah: 2330; Aḥmad: 4/402]
Both of these narrations are weak, hence the ruling cannot be established from them. However, the authentic narration that mentions drawing lots (قرعہ اندازی) is reliable.
◈ The Authentic Hadith of Drawing Lots
Hazrat Abū Hurairah (رضي الله عنه) said:
أن النبى صلى الله عليه وسلم عرض على قوم اليمين فأسرعوا فأمر أن يسهم بينهم فى اليمين أيهم يحلف
"The Prophet (ﷺ) offered an oath to a group, and they all rushed to take it. So he commanded that lots be drawn among them to decide which of them should swear."
[Bukhārī: 2674, Kitāb al-Shahādāt, Bāb Idhā Tasāraʿa Qawm fī al-Yamīn]
◈ The Practical Ruling
When both parties are claimants, and neither the disputed item is in their possession nor any of them has proof, then lots are drawn between them. Whoever’s name is drawn will swear an oath, and thereby be entitled to the item.
[For further details see: Fatḥ al-Bārī: 7/145; Subul al-Salām: 4/1941; Nayl al-Awṭār: 5/396; Qafw al-Athar: 5/1762–1763]
This is also supported by the Hadith mentioning that two men disputed over something without witnesses, so the Prophet (ﷺ) commanded that they draw lots for the oath. The one upon whom the lot falls will swear and then be granted the item.
[Ṣaḥīḥ: Ṣaḥīḥ Abū Dāwūd: 3078, Kitāb al-Qaḍāʾ, Bāb al-Rajulayn Yaddaʿiyān Shayʾan wa Laysa Baynahumā Bayyinah; Abū Dāwūd: 3616; Ibn Mājah: 2346; Nasāʾī: 6001]
◈ Scholarly Opinions
- Abū Ḥanīfah (رحمه الله): Whether both sides have evidence or not, the disputed item should be divided equally between them, regardless of whether it is in their possession or not.
[al-Muḥallā bil-Āthār: 8/539] - Preferred Opinion (Rājiḥ Qawl): The first opinion — that the matter should be decided by drawing lots and then oath — is stronger, authentic, and supported by sound Hadith.
