What is the ruling when the preempter and the buyer dispute the sale price?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
When the preempter and the buyer disagree on the price, the buyer's assertion prevails, provided the buyer takes an oath. The buyer is considered more knowledgeable of the agreed-upon price, and the property cannot be removed from his possession based solely on the preempter's claim without evidence. This is the position of Al-Shafi'i. The preempter cannot be equated to a usurper or guarantor who is liable for payment, as the preempter is not initially obligated to pay anything until ownership is established.
Supporting text
If the preempter provides conclusive evidence (Bayyinah), the ruling follows his evidence. If the buyer provides evidence, it is accepted, rendering his oath unnecessary. Evidence is established with one witness and an oath, or the testimony of one man and two women. The seller's testimony is not accepted because he is suspected of wishing to lower the price to avoid liability (dark). If both parties present contradictory evidence, the evidence may cancel out, or precedence may be given to the preempter's evidence as the one exiting (Al-Kharij), which is the view of Abu Hanifa, while his companions argue for the buyer's evidence.