Is a seller's claim of error in stating the original cost in a Murabahah sale accepted?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
If a seller states the capital cost for a Murabahah sale (e.g., one hundred) and later claims an error, stating the cost was higher (e.g., one hundred and ten), the claim of error is not accepted unless corroborated by evidence proving the actual capital cost matches the second statement. Ibn al-Mundhir reported this position from Ahmad and Ishaq. Abu Talib narrated from Ahmad that if the seller is known for truthfulness, their word is accepted even without proof; otherwise, the sale is deemed valid.
Supporting text
Al-Qadi suggests that the apparent view of Al-Khiraqi is that the seller's word is accepted upon taking an oath, based on the premise that entering into a Murabahah contract implies the buyer has entrusted the seller, similar to an agent or a partner in profit-sharing (Mudarib). However, a contrasting narration from Ahmad holds that the seller's word is not accepted, even with evidence, unless the buyer confirms it. This view is also held by Al-Thawri and Al-Shafi'i, based on the principle that the seller has already acknowledged a price, establishing a right for a third party, thus precluding retraction via self-attested evidence.