Chapter: Disagreement Between Buyer and Seller in Salam and Other Sales

When the two parties differ—either at the moment the salam commodity is to be taken possession of or even before that—over the very item itself, such as when the purchaser says, “I advanced the price to you for wheat,” while the seller says, “It was barley,” or “oats,” or “lentils,” they must both swear oaths. An exception is where one of them claims something for which no comparable item is known at the price originally paid; in that case, the word of the one whose claim is reasonable is accepted.

Likewise, if one says, “I bought a donkey from you,” and the other says, “It was a mule,” or one says, “It was a camel,” and the other, “No, a bull,” or one says, “A cotton or silk garment,” and the other, “A linen garment,” and the like—all such cases require reciprocal oaths, and the sale is rescinded.

The seller is asked to swear first. If he does so, the purchaser is bound by what the seller has sworn to, unless the purchaser also swears to his own claim, thereby absolving himself. Should the purchaser swear, the sale is annulled. If the seller refuses to swear, the purchaser may, if he wishes, swear; the commodity then becomes his according to his oath. But if he too refuses to take an oath