What happens if the buyer refuses the price sworn to by the seller after the seller has sworn?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 5 · Bab 5

Open in Qurani

Primary text

If the seller swears to the higher price and the buyer refuses, the buyer swears to the lower price. This follows the ruling that the seller's statement is taken first, and the buyer is given the option to either accept the sworn price or swear himself. This is the position of al-Shāfiʻī.

Supporting text

Abu Ḥanīfah holds that the buyer begins the oath because he is the denier, and the oath is stronger when taken by the denier, allowing the matter to be settled sooner by the buyer's refusal to swear.