What is the ruling when parties disagree regarding conditions like the term (ajal), collateral (rahn), the amount of these conditions, the condition of option (khiyar), or a guarantor (dhamin)?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
There are two established narrations concerning disagreements over the terms or conditions of the contract. The first view holds that the parties must swear mutual oaths (tahaluf), which aligns with the opinion of Al-Shafi'i. This is based on the reasoning that a dispute over the description of the contract necessitates mutual oaths, by analogy to disagreement over the price itself.
Supporting text
The second view, attributed to Abu Hanifa, holds that the position of the party denying the condition is accepted upon their taking of an oath. This is because the default state is non-existence of the condition, and the one asserting something beyond the default contract structure is the denier.