What is the nature of the oath required from a seller who denies knowledge of a defect discovered in a sold item after purchase?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
There are two distinct narrations (Rewayatayn) attributed to Ahmad regarding the oath of a seller who denies a newly discovered defect in an item sold. The dispute centers on whether the oath should be absolute denial (al-batat) or a denial based on the seller's knowledge (nafy 'ilmih). The reasoning for requiring an oath based on knowledge is that the claim denies the action of another party, similar to when one is accused of their slave causing damage. This perspective suggests limiting the scope of the oath.
Supporting text
The opposing narration dictates that the oath must be absolute denial because the claim of a defective item allows the buyer the right to return it. Such a claim, which leads to an established right (like returning the item), necessitates an oath of absolute certainty, similar to affirmative claims.