Third: he must state the negation before the affirmation.

The same applies to the buyer’s oath: three matters are necessary:

First: he must be the second to take the oath.

Second: he must begin with the negation before the affirmation.

Third: he must combine negation and affirmation.

Some scholars have said that the seller’s statement is to be accepted. The evidence for this is as follows:

1. The Prophet, peace and blessings be upon him, said: “When the two parties to a sale disagree, the seller’s statement is accepted, or they rescind the sale.” (1)

2. Ownership has left the seller’s possession, and it cannot leave his possession except on terms to which he agrees, unless evidence exists.

This view is stronger, because it is supported by the apparent meaning of the hadith and by sound reasoning as well. The buyer is told: If you accept what the seller says, then so be it; otherwise, the property remains his. However, if the seller claims a price that is outside the customary range, his statement is not accepted—for example, if he says, “I sold it for one hundred,” when it is not worth fifty in the marketplace.

If someone were to ask: Why is the seller’s claim not accepted, when there is no harm to the buyer, since he can rescind the sale if he does not accept the price claimed by the seller?

The answer is that this does cause harm to the buyer, because he may have a particular need for this item and has already purchased it, or market prices may have risen, or the like. Therefore, if the seller claims a price higher than what is customary, we do not accept his statement because of its improbability.