his liability is a claim that requires evidence; therefore, its value is assessed as that of a non-scribe.
The reason is that he is liable, and a liable party cannot be bound by more than he has acknowledged, because anything beyond what he acknowledged is a claim requiring evidence.
His statement, “If they differ regarding its description, then the buyer’s word is accepted”: does the same apply if they differ regarding its quantity? For example, the seller says: “I sold you two sheep,” while the buyer says: “Rather, one.” If both sheep have perished, then the buyer’s statement is accepted, based on this principle. The seller is now claiming that the item sold consisted of two, whereas the buyer has not acknowledged two; rather, he acknowledged one and denied the second. Evidence is upon the claimant, and the oath is upon the one who denies. Thus, if they differ over the quantity of the item sold or its description, the buyer’s statement is accepted.
His statement, “When the contract is rescinded, it is rescinded outwardly and inwardly,” means that the commodity is returned to the seller, who may dispose of it as an owner disposes of his property, and the price returns to the buyer, who may dispose of it as an owner disposes of his property—whether either of them is truthful or lying. Even in the case of the liar, the contract is rescinded with respect to him. His statement, “outwardly and inwardly,” means outwardly in this world and in legal judgment, and inwardly before Allah and in the Hereafter. Thus, neither of them has any claim against the other, even if he was lying (1).
An example is where the seller and buyer differ over the amount of the price. The seller says: “I sold you this sheep for one hundred,” while the buyer says: “Rather, for eighty.” If there is no evidence, they swear oaths and rescind the sale. The sheep returns to the seller, and the amount paid returns to the buyer. The contract has therefore been rescinded, outwardly and inwardly. As for outwardly, this is clear,