What is the effect of the seller alone admitting the usurpation of the sold slave?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If only the seller admits the usurpation, this admission is not accepted against the buyer because one cannot make an admission that negatively affects the rights of another party. The value of the slave becomes incumbent upon the seller, as this admission separates the slave from the seller's possession. The slave remains in the buyer's possession because he seemingly owns it. The seller may require the buyer to take an oath concerning the matter. If the seller had not yet received the price, the seller cannot demand payment from the buyer, as the seller is not claiming the price.
Supporting text
There is an opinion suggesting the seller may claim the lesser of two amounts: either the purchase price or the value of the slave, because the buyer affirms the price while the seller claims the value, resulting in agreement upon the minimum entitlement. The difference in the cause of claim is irrelevant after agreement on the legal consequence.