What is the ruling regarding the oath of the denier in a dispute over preemption when established schools of thought differ?

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If a judge receives a denial regarding preemption (in a matter where opinions differ, such as neighborhood preemption) and the denier refuses to swear an oath, the judge does not compel the oath. This is because the oath demanded here requires absolute certainty, whereas matters of Ijtihad (juridical reasoning) are based on probabilities, and one cannot definitively nullify the opinion of a dissenting jurist. The refusal of the buyer to hand over the sold property, based on his belief, is permissible between him and Allah.