7. DISPUTES OVER WHAT THE TERMS OF A TRANSACTION WERE
DISPUTES OVER WHAT THE TERMS OF A TRANSACTION WERE
When two parties agree on the validity of a transaction but disagree on its terms, and there is no proof, then they each swear an oath affirming their side of the story. Such a disagreement could be:
1. the seller saying that he sold it for immediate payment, while the buyer asserts that payment was to be deferred;
2. the seller stating that he sold for ten, while the buyer maintains it was five;
3. the seller saying, he sold it to the buyer on condition that there be an option to cancel period, while the buyer asserts that no such option was stipulated;
or similar disputes.
(Swearing an oath is a means for urging one’s case when there is no proof, meaning no witnesses. When rulings mention, for example, that “So-and-so’s word is believed;” or “So-and-so’s word is accepted,” it means that his word is accepted when he swears an oath ill cases where there is no proof presented by either of the two parties. If there is proof, whether from the plaintiff or defendant, it is given precedence over an oath.)
In the oath for such cases, the seller swears first, saying, for example, “By Allah, I did not sell it to you for such and such an amount, but rather for such and such an amount.” Then the buyer swears, “By Allah, I did not buy it for such and such, but rather bought it for such and such.” It consists of one oath (A: from each party) which joins the denial of the other’s claim with the affirmation of one’s own claim, and in which the denial is recommended to precede the affirmation.
When the buyer and seller have sworn, but subsequently reach a solution that both accept, the agreement is not cancelled. But if they cannot reach an accord, they cancel the agreement, or one of them cancels it, or the Islamic magistrate does (to end the trouble between them. When the agreement is cancelled, each return whatever he has accepted from the other).
If either the buyer or seller testifies that a particular agreement is invalid, but the other party says it is valid, then the word of whichever of them asserts it is valid is accepted if he swears an oath.
If the buyer comes to the seller with a piece of merchandise that he wants to return because of a defect, but the seller says that it is not the one he sold him, then the seller’s word is accepted (when he swears).
If the buyer and seller disagree about a defect in an article that could have occurred while it was in the buyer’s possession, but each party asserts that the defect occurred while in the other’s possession, then the seller’s word is accepted (when he swears).
(Source: The reliance of the traveller, revised edition, Edited and Translated by Nuh Ha Mim Keller)
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