Upon whom does the oath fall if the claimant alleges the purchaser knew of the partnership?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the claimant asserts that the purchaser was aware that the claimant was a partner, the oath falls upon the purchaser to swear that he had no such knowledge. This is because the oath concerns the negation of another's action, thereby resting upon knowledge, similar to an oath concerning the negation of a deceased person's debt. If the purchaser swears, the claimant's suit is dismissed. If he refuses to swear (*nakal*), judgment is rendered against him.