sound, while he says, “I sold it to you defective.” Since the matter admits of either possibility, the buyer’s statement is accepted, because the basic presumption is that he did not take possession of this portion lost through the defect. Thus, the buyer is the defendant and the seller is the claimant. This narration is one of the positions unique to the school of Imam Ahmad, may Allah have mercy on him.

The second view is that the seller’s statement is accepted. This is the position of the other three imams, may Allah have mercy on them, and it is the stronger view, based on both textual evidence and rational consideration.

As for the textual evidence, the Prophet, peace and blessings be upon him, said: “If the two parties to a sale differ, then the word is that of the seller, or they should rescind the sale” (1). This is an explicit text. Moreover, the buyer claims that the defect existed before the sale. Even according to the jurists’ criterion, the claimant is the one who, if he remains silent, is left alone; and here, if the buyer remained silent, no claim would be made against him. The Messenger, peace and blessings be upon him, said: “The burden of proof is upon the claimant,” and the claimant here is unquestionably the buyer. So we say to him: Produce evidence that the defect occurred while the item was with the seller.

As for rational consideration, the basic presumption is the absence of a defect and the existence of soundness. The claim that the defect preceded the contract is contrary to the basic presumption, and if it does not