if the buyer’s statement is not accepted regarding the existence of the defect itself, then neither is his statement accepted as to when the defect occurred.

However, it must be understood that whenever we rule that one party’s statement is accepted, he must also take an oath. This is a general principle, based on the Prophet’s saying, peace and blessings be upon him: “The oath is upon the defendant”—and in another wording, “upon the one who denies.” “If people were given what they claimed, men would claim the lives and wealth of others” (1).

Someone may object: It is easy for a claimant to swear an oath: first, because he is determined to maintain his assertion; and second, out of greed.

But we say: if he swears an oath while lying, thereby unlawfully taking the property of a Muslim, he will meet Allah while He is angry with him. No believer could bring himself to commit such an act. Imam Ahmad, may Allah have mercy on him, said: “A perjurious oath leaves lands desolate,” meaning that it brings destruction—and this is indeed what occurs.

One trustworthy person related to me that he had a claim against another man for a sum of money. Although the claim was valid, he had no evidence for it. They brought the matter before the judge, who ruled that the defendant was free of liability on the basis of his oath. The defendant swore that he owed nothing. The claimant, against whom judgment had been rendered, then prayed against him. Thereupon, the defendant and his family left the town where the litigation had taken place for a nearby town, but they were involved in an accident, and he and his family died. This bears witness to Imam Ahmad’s statement that such an oath leaves homes desolate—that is, empty, with no one remaining in them. Thus, the benefit of requiring an oath is that it entails immense danger in this world and the Hereafter; no one undertakes it except that he will see an evil outcome, sooner or later.