If the seller sues the buyer for the price after the non-selling partner has confirmed payment, and the buyer claims payment to the seller, but the seller denies it, what is the ruling?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If the buyer is sued by the seller and claims to have paid the price, but the seller denies receipt, the seller's assertion, coupled with an oath, is accepted because he is the denier. If the seller swears, he takes half the price from the buyer. The partner cannot share in this amount because the seller admits the partner received his share, meaning the seller would be unjustly taking the partner's portion.
Supporting text
If the buyer possesses evidence of payment, judgment is passed based on it. The partner's testimony supporting the buyer is not accepted because it accrues a benefit to the witness. If the witness testifies in a manner that accrues a benefit to themselves, their testimony is void in the entire matter, regardless of whether the partner sued before or after the buyer.