The second case is where either claim is possible. In that case, the buyer’s statement is accepted.
An example of a case in which the seller’s claim is impossible is an extra finger. If someone buys a slave and finds that he has an extra finger, then wishes to return him, and the seller says, “This defect arose while he was with you,” while the buyer says, “Never,” the buyer’s statement is accepted, since it is impossible for an extra finger to have developed. If that were possible, everyone would expect such a thing to happen to him. Once the buyer’s statement is accepted, he is not required to swear an oath, because there is no need for an oath.
An example of a case in which the buyer’s claim is impossible is where he purchases an animal and then returns it, alleging that it had a wound. We examine the wound and find that it is spurting blood—a fresh wound—while the sale took place a week earlier. In that case, the seller’s statement is accepted without an oath, because it is impossible for this wound to have existed before the contract.
But if either claim is possible, such as lameness, spoiled food, and the like, the author says that the buyer’s statement is accepted.
The reasoning is that a defect represents the loss of one aspect of what was sold—namely, its soundness. A defective item has lost its soundness, and the basic presumption is that the buyer did not receive this missing aspect. Since it is the buyer who claims that he did not receive it, his statement is accepted. This is supported by the Prophet’s saying, peace and blessings be upon him: “The burden of proof is upon the claimant, and the oath is upon the one who denies” (1). The seller is now saying, “I sold you this item