One who Does not have Testimony, then Oath is Turned on Him

1. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from al-‘Ala’ from Muhammad ibn Muslim who has narrated the following: “This is about the case of a man who brings a complaint against another but does not have testimony. One of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘He must ask him (defendant) to take an oath; and if he turns the oath on the plaintiff who does not take oath, then he has no right.’”