If the buyer sues the non-selling partner claiming payment was made to him, and the buyer provides evidence, what is the ruling regarding the seller's testimony?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If the buyer sues the non-selling partner and provides evidence of payment, judgment is ruled according to that evidence. The testimony of the seller supporting the buyer is accepted if the seller is deemed just, as he neither accrues a benefit nor repels harm, since establishing that his partner received payment prevents him from claiming anything from the buyer (as the partner was not his agent for collection, so his receipt is not to his benefit).
Supporting text
Some scholars state the seller's testimony is accepted. However, the opposing view holds that the seller's testimony is not accepted because he repels the harm of sharing with his partner in what the partner receives from the buyer. If there is no evidence, and the non-selling partner swears, he takes half the price from the buyer. If the partner refuses to swear (Nukul), the buyer takes half back from him.