the price is what he himself determines. For this reason, he may prevent the exercise of pre-emption until his partner pays the price.

However, if there is evidence that the sale was for one thousand, then the ruling is according to what the evidence establishes. Here, two matters require attention:

First: whenever we say that a person’s statement is accepted, he must take an oath, because the Prophet ﷺ said: “Evidence is required from the claimant, and an oath is required from the one who denies.” (1) This is due to the possibility that his opponent may be telling the truth.

Second: his claim must not contradict customary market value. If it does contradict it, it is disregarded. Thus, if, in the example we mentioned, the buyer claims that the value of the share is ten thousand when it is worth only one thousand, then the claimant of pre-emption’s statement is accepted. This too applies only where it is possible, because every impossible claim is unacceptable. So, if this share cannot be worth ten thousand and is worth only one thousand, the claimant of pre-emption’s statement is accepted, and he must take an oath. But if it is worth five thousand, then neither the claimant of pre-emption’s statement nor the buyer’s statement is accepted, because the buyer has added five thousand above the customary value, while the claimant has reduced it by four thousand below the customary value; therefore, neither claim is accepted.

His statement, “If he says,” means: the buyer.

His statement, “If he says, ‘I bought it for one thousand,’ the claimant of pre-emption takes it for that amount, even if the seller establishes a higher price”—that is, if the seller says to the buyer, “I sold it to you for two thousand,” and produces