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Text and translation
English translation
1270. Ibn Mas'ūd narrated that the Messenger of Allāh ﷺ said: "When the two parties (in a deal) disagree then the seller's statement is taken as valid, and the purchaser retains the option." (Hasan)
[Abū 'Eisā said:] This Hadīth is Mursal. 'Awn bin 'Abdullāh did not see Ibn Mas'ūd. This Hadīth has also been reported from Al-Qāsim bin 'Abdur-Rahmān, from Ibn Mas'ūd, from the Prophet ﷺ. But that is also Mursal.
[Abū 'Eisā said:] [Ishāq] Ibn Manšūr said: "I said to Aḥmad: what if when the two parties disagree and there is no proof (what is done)?" He said: 'The saying of the owner of the merchandise is taken as valid or they both refuse.' And Ishāq said as he did, and that in every case where his saying is taken, he must swear."
[Abū 'Eisā said:] Similar to this has been reported from some of [the people of knowledge among] the Tābi'īn, Shurāih is among those.
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Commentary
The basic cause of dispute is not clear in this narration. Disagreement of the parties was on the commodity itself, or on its price, or on some condition put on it. Many of the scholars generalize the application of this narration. This narration is applicable to all kinds of disputes, and according to 'Allāmah Ibn Qudāmah, if someone has no witness, then both of the parties will take an oath.
