What is the ruling when the buyer and seller dispute the price, and the seller provides evidence for a higher price?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If the seller claims the price was two thousand and the buyer claims it was one thousand, and the seller presents evidence (Bayyinah) establishing the price as two thousand, the buyer must pay two thousand. The pre-emptive right holder (Shufi') may then claim the property by paying one thousand, as the buyer's admission establishes the seller's right to one thousand, and the buyer's additional claim implies the seller wronged him regarding the difference. This position is held by Al-Shafi'i.
Supporting text
Abu Hanifa holds that if a judge rules for the seller based on the evidence for two thousand, the Shufi' must take it at two thousand, because the judge's ruling based on evidence invalidates the buyer's prior statement. However, the primary view maintains that the buyer's admission that the evidence is false and that the seller wronged him means the ruling supports the seller because the buyer did not deny the evidence's validity, not the buyer's word.