How is liability determined regarding payment when the buyer and seller agree the sale of another's property without authorization is void, but the owner claims it is valid?
General Chapter
Al-Mughni
Book of Agency
Primary text
If the buyer and seller agree that a sale of another's property without permission is void, but the principal (owner) claims the sale is valid, the principal's assertion prevails, provided they take an oath. In this case, the principal is not obliged to return any consideration received. Conversely, if the seller claims they sold another's property without permission, but the buyer denies this and claims the seller sold their own property or the principal's property with permission, the seller's statement prevails.
Supporting text
If the seller admits to selling property belonging to another without permission, but the buyer denies this, the buyer's statement prevails, based on the principle that the default assumption is that a person's transaction is for themselves, meaning their claim that nullifies the contract is accepted over the other party's claim against them.