Who receives the purchase price if the seller admits the sale but the buyer denies receiving the price from the seller?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the seller admits receiving the price from the buyer, but the buyer denies this receipt, the price belongs to the buyer because the seller has already affirmed entitlement to it for the buyer. The seller, by denying receipt, is not claiming this specific money, as the seller is not entitled to the price from the preempter; rather, the price is due from the buyer. The buyer, however, claims it, and the seller has affirmed the buyer's right to it, necessitating payment to the buyer.
Supporting text
If the seller admits receiving the price, but the buyer denies receiving it, three views exist regarding the money held by the preempter: first, the buyer must choose to either accept it or release the claim to it; second, the judge (Hakim) should hold the money; or third, the money remains as a liability on the preempter. In all these scenarios, if either the seller or the buyer claims the money, it is given to the claimant because it belongs to one of them. If both claim it, it is determined as stated above.