The Messenger of Allah ﷺ said, "When two men are pressed to swear an oath and each of them wishes to be the one who swears it, let them cast lots for it."
وقال رسول الله ﷺ إذا أكره الاثنان على اليمين واستحباها فليستهما عليها
This is a sahih hadith. Bukhari narrated it [3:179 print / 5:210 Fath] from Ishaq bin Nasr, from Abdul-Razzaq, with this wording, that the Prophet ﷺ presented the oath to the people of Yemen, and they hastened to it, so he ordered that lots be drawn among them for the oath, as to which of them would swear.Ibn Hajar said in Fath, Ahmad narrated it from Abdul-Razzaq, who is the teacher of Bukhari's teacher in this chain, with the wording, "If the two disliked the oath and were reluctant to take it, let them draw lots for it."Abu Naeem narrated it in Musnad Ishaq bin Rahawayh from Abdul-Razzaq, similar to Bukhari's version, but then noted that he had seen it in the original text of Ishaq, from Abdul-Razzaq, with the wording that Ahmad had narrated. He said, "Our teacher Abu Ahmad made an error in that." End of quote.I say, this is Ibn Hajar speaking, Ismaili likewise narrated it through the route of Ishaq bin Abu Israel, from Abdul-Razzaq. He also narrated it through the route of Hasan bin Yahya, from Abdul-Razzaq, in similar fashion, but with the wording, "and were reluctant to take it," using the conjunction "fa." Abu Dawud narrated it from Ahmad and Salama bin Shabib, from Abdul-Razzaq, with the wording, "or were reluctant to take it."Ismaili said, "This is the correct version." That is, it uses the word "or," not "fa" and not "wa."Abu Dawud's narration, found in Sunan [Abu Dawud] 3617, comes from Ahmad bin Hanbal and Salama bin Shabib. He mentioned that Ahmad's narration has the wording, "If the two disliked the oath or were reluctant to take it," and that Salama's narration is, "If the two were compelled to take the oath." But what we have before us in the Musnad shows that Ahmad's narration is "if compelled," meaning it matches Salama's narration. So perhaps Abu Dawud erred in relating the exact wording.The correct meaning, based on the word "or," is this. Either both parties are eager for the oath and keen on it, each wanting to hasten in performing it, or both parties dislike the oath, yet it has become obligatory upon them due to circumstances or by a judge's ruling, so each of them wants his opponent to go first. In order to settle the dispute in either case, so that both may be satisfied and reassured, they draw lots for it, so that whoever the lot falls on takes the oath with his own hand.