What is the ruling for the Shufi' if the buyer and seller mutually swear oaths regarding the price when no evidence exists?

General Chapter

Al-Mughni

Book of Preemption (Shuf'ah)

Book 23 · Issue 3 · Bab 1

Open in Qurani

Primary text

If no evidence exists and both parties take an oath (Tahalufa), the Shufi' may claim the property based on the price sworn by the seller. The Shufi' cannot claim it based on the price sworn by the buyer, because allowing this would prevent the seller from exercising his right to rescind (faskh) the sale. Furthermore, claiming based on the buyer's oath would obligate the contract based on a claim the seller does not own.

Supporting text

If the buyer agrees to the Shufi' taking the property based on the price sworn by the seller (the higher price), it becomes permissible, and the Shufi' may take it based on the price the buyer swore to, because the seller's right to rescind has been removed.