What is the legal effect if both the buyer and seller swear to their respective claims after disagreement on the price?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If both parties swear, the sale is not immediately dissolved merely by the mutual swearing, as the contract was initially valid. If either party then accepts the other's stated price, the contract is affirmed. If neither accepts, each party has the right to rescind the sale. This right to rescind is understood to be independent and not contingent upon a judge's ruling, based on the tradition: 'or they both rescind the sale,' which implies their individual authority to do so. This is analogous to revoking a sale due to a defect (*radd bi-l-ʻayb*).
Supporting text
It is debated whether the rescission requires a judge's ratification, aligning with the view of al-Shāfiʻī, as the contract is valid and one party is an aggressor, requiring a judge to finalize the separation. Another view suggests that if the truthful party rescinds, the dissolution is effective both outwardly and inwardly. If the lying party rescinds, the dissolution is only effective against the truthful party, allowing the truthful party to deal with the returned item as if the sale had been voided due to a defect claim without actual defect.