What happens if the agent denies the defect, is required to swear an oath (Yamin), and then refuses (Nakala)?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If the agent denies the defect and then refuses to take the oath, resulting in the return being upheld against the agent based on the refusal (Nukul), there are two differing opinions regarding whether the agent can then return the item to the principal. One opinion states the agent cannot return it because the situation is treated as if it were the agent's own admission.
Supporting text
The second opinion holds that the agent may return it to the principal because the return reverts to the agent without their choice, resembling a situation where clear evidence (Bayyinah) was established against the agent.