the buyer now acknowledges that he owes this man eighty, while the seller has acknowledged that he claims no more than one hundred from the buyer. Yet now the seller will take one hundred and fifty, or the buyer will pay sixty—less than what he claimed. This is the apparent meaning of the author’s words. They justified it by saying that, once the contract has been rescinded and is no longer given consideration, we return to the original basis, namely the value of an equivalent item; thus, the statements of both seller and buyer are disregarded.
Some scholars said: If the value is greater than what the seller claimed, he is not entitled to more than what he claimed; and if the value is less than what the buyer claimed, he is held to what he acknowledged. There is no doubt that this is the scrupulous course: the seller should not take more than the price for which he claimed to have sold it, and the buyer should pay what he acknowledged having bought it for. There is no doubt that this is the path of scrupulousness. But is it legally binding?
This is a matter of disagreement. The authoritative position in the madhhab is that payment is required according to its value, whether it is greater than what the seller claimed or less than what the buyer claimed. Hence he said: “They revert to its equivalent value, rather than to an equivalent item,” because the seller has acknowledged that it left his ownership in exchange for its value; therefore, he is not entitled to an equivalent item.
His statement, “If they differ regarding its description, then the buyer’s word is accepted,” means that if they differ concerning the description of the destroyed commodity, the buyer’s statement is accepted.
For example, the seller says: “The slave who perished was a scribe,” while the buyer says: “Rather, he was not a scribe.” Here, if we revert to its value, there is a substantial difference between them, since a scribe is more valuable. Thus, the buyer’s statement is accepted, based on the principle that every liable party’s statement is accepted, because any amount exceeding