What is the determining factor if contracting parties disagree on the specific description or form of the agreed-upon price (thaman)?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the parties disagree on the description of the price, the standard currency (naqd) of the locality must be reverted to. This is the ruling stated in one narration by Al-Athram, based on the premise that parties only contract using the standard currency. If the locality possesses multiple currencies, the determination defaults to the median or most commonly used currency. This is stated in a narration by a group of scholars, potentially indicating it applies when that currency is the most prevalent and transactions are conducted predominantly with it, similar to a situation where only one currency exists in the town. Alternatively, it is resolved by reverting to both original suggestions with an equal division between them, as this provides a middle ground and balances their rights, whereas deviating entirely favors one party. The claimant making the assertion that deviates from the likely standard must swear an oath, as the opponent's position is plausible, necessitating an oath to negate that possibility, similar to the oath required of a denier.
Supporting text
If there are only two equal currencies in the locality, the parties should engage in mutual swearing of oaths (tahaluf) because they disagree on the price in a manner where neither party's view is clearly preponderant, analogous to disagreement over the quantity of the price.