Arba'un 33 — proof on the claimant, oath on the denier

الأربعون 33 — البينة على المدعي واليمين على من أنكر

The hadith of Ibn Abbas that the Messenger of God ﷺ said 'if people were given by their mere claims, men would claim the wealth and blood of others — but proof lies on the claimant and the oath on the one who denies' — the thirty-third of al-Nawawi's Forty and of Ibn Rajab's commentary; al-Nawawi calls it hasan as transmitted by al-Bayhaqi and others in this wording, part of it in the two Sahihs, the wording he gives being the one Ibn al-Salah had already given in his Ahadith Kulliyya citing al-Bayhaqi's hasan chain; its root is in the two Sahihs through Ibn Jurayj from Ibn Abi Mulayka from Ibn Abbas — 'if people were given by their claims some would claim the blood and wealth of others, but the oath is on the one against whom claim is made' — and they also carry through Nafi' ibn Umar al-Jumahi from Ibn Abi Mulayka from Ibn Abbas that the Prophet ruled the oath falls on the defendant, while al-Isma'ili in his Sahih through al-Walid ibn Muslim from Ibn Jurayj from Ibn Abi Mulayka from Ibn Abbas has 'proof on the one who seeks and the oath on the one from whom it is sought'; the hadith lays down the great rule of judgment — were claims alone decisive, some would claim others' blood and property, so evidence must rest on the claimant and the oath on the denier (Jami' al-Ulum wal-Hikam pp. 684–697).