of the truthfulness of his own claim and that he is fully aware of what he is asserting. He is therefore told, “Swear the oath and take what you are claiming; if you swear, it is awarded to you, but if you will not, the two of you are dismissed.”

Among the jurists, some make it their general practice to redirect the oath in most suits, whereas others issue judgment on the basis of refusal, even when the defendant says, “I have no knowledge of the claim being made against me.” Each of the two camps adduces reports from the Companions in support of its view.

What is transmitted from the Companions, however, indicates a more detailed approach, and that is the clearest of the opinions. It is this: if the defendant is the one who possesses the relevant knowledge and not the claimant—as when a defect becomes apparent in goods that were sold with a disclaimer of liability, and the purchaser says, “I did not know about it”—he is addressed with the words that ʿUthman ibn ʿAffan said to Ibn ʿUmar, may Allah be pleased with them both: “Swear that you sold it while knowing of no defect in it.” If he takes the oath, well and good; if he refuses, judgment is rendered against him for his refusal, just as ʿUthman ruled against Ibn ʿUmar for declining to swear.