their meanings.” Thus, once the intended purpose has been achieved, it is valid and judgment may be given accordingly—whether one statement is placed before or after the other, whether the negation precedes the affirmation, or whether one confines oneself to affirmation alone.
His statement, “The seller swears first: ‘I did not sell it for such-and-such; rather, I sold it for such-and-such,’” means this wording or whatever conveys its meaning. Thus, if he says, “By Allah, I did not sell it to him for eighty; rather, I sold it to him for one hundred,” that is sufficient. The precise wording mentioned by the author is not stipulated; what matters is the meaning. However, he begins with the negation and then the affirmation.
“Each of them has the right to rescind if neither accepts the other’s statement. If the commodity has perished, they revert to the value of an equivalent item. If they differ regarding its description, the buyer’s statement is accepted. When the contract is rescinded, it is rescinded both outwardly and inwardly.”
His statement, “Each of them has the right to rescind if neither accepts the other’s statement,” means that after their reciprocal oaths, we say: now each of you has the choice. If either one accepts the other’s statement, then there is no rescission.
For example, when the buyer sees that the seller has sworn, he may doubt himself and say, “This man would not take such a conclusive oath except with certainty.” He then accepts it, and the seller’s statement stands. Likewise, if the seller sees that the buyer has sworn and emphasized his oath, and says, “I believe him and consider myself mistaken,” then the item sold remains as it was. This is why he said, “if neither accepts the other’s statement.” His statement, “If the commodity has perished, they revert to the value of an equivalent item,” means the following:
For example, someone purchases a sheep, then slaughters and eats it. When he wishes to pay the price to the seller, the seller says, “The price is one hundred,” while the one who bought and slaughtered the sheep says, “Rather, the price is eighty.” If we rescind the contract, the item sold has perished, so they revert to the value of an equivalent item.