What is the ruling when a seller offers to sell one slave for a specific price, and the buyer replies, accepting the price but claiming the sale includes that slave plus another slave?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
The statement of the seller prevails, coupled with the seller taking an oath. This is the position held by Abu Hanifa. The evidence supporting this position is that the seller denies selling the additional slave, thus their statement is accepted upon taking an oath, analogous to a case where one claims a solitary purchase.
Supporting text
Al-Shafi'i holds that both parties must engage in mutual swearing (tahaluf). This is because they differ regarding the fundamental consideration of the contract, necessitating mutual swearing just as they would if they differed regarding the price itself.