Hadith 37560

Yahya said, "Malik said about Jamil ibn Abd ar-Rahman al-Muadhdinthat he was present with Umar ibn Abd al-Aziz when he was judgingbetween people. If a man came to him with a claim against a man, heexamined whether or not there were frequent transactions and dealingsbetween them. If there were, the defendant could make an oath. Ifthere was nothing of that nature he did not accept an oath from him."Malik summed up, "What is done in our community is that ifsome one makes a claim against a man, it is examined. If there arefrequent transactions and dealings between them, the defendant is madeto take an oath. If he takes an oath, the claim against him isdropped. If the defendant refuses to take an oath, and returns theoath to the claimant, the one claiming his right takes an oath andtakes his due."