What is the ruling when the buyer and seller disagree on the price after the commodity has perished?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
When the buyer and seller disagree on the price after the commodity is destroyed, there are two narrations from Ahmad. One is that they mutually swear, similar to when the commodity is extant. This is the opinion of al-Shāfiʻī and one narration from Mālik. This ruling is based on the general statement that when parties disagree, the seller's word is followed, and the buyer has the option (to swear or rescind). The basis for mutual swearing is that both parties are claimant and denier, necessitating an oath just as when the item is present.
Supporting text
The second narration supports the buyer's word being taken with his oath. This view holds that the prophetic tradition regarding the seller's precedence is conditional on the commodity being extant ('when the commodity is extant'), implying that mutual swearing is not legislated upon destruction. This relies on the principle that the buyer denies an excess amount claimed by the seller, and the word of the denier is accepted. If they mutually swear and neither agrees to the other's claim, each may rescind the sale, and the buyer pays the value of the perished commodity to the seller, while the seller returns the price he received.