other than this. As for the one who says: "It is divided between them," then it is divided. This was mentioned by Abu al-Khattab. Ahmad has explicitly stated this in a narration by al-Kawsaj concerning a man who produced evidence that he bought an item for one hundred, and another who produced evidence that he bought it for two hundred. Each of them is entitled to half (29) of the item for half of the price, thus they are partners. The Qadi interpreted this narration as meaning that the asset was in both of their hands, or that the seller had acknowledged it for both of them. The absolute nature of the narration indicates the correctness of Abu al-Khattab's view. According to this, if the sold item is of a type that does not enter the buyer's liability except by taking possession of it, then each of them has the option [to annul or keep the sale], because the transaction has become partially invalidated for him. If they choose to keep it, each of them recovers half the price. If they choose to annul it, each of them recovers the entire price. If one of them chooses to annul it, the entire item accrues to the other, unless the judge has already ruled in his favor for half of the item and half of the price, in which case the other half does not return to him. This is the view of al-Shafi'i regarding every sold item.
Section: If one of them claims that he bought it from Zayd for one hundred and that it is his property, and the other claims that he bought it from 'Amr and that it is his property, and each of them (30) produces evidence for his claim, then this is similar in meaning to the one that preceded it. If it is in the possession of one of the two buyers, this rests upon the two narrations regarding prioritizing the evidence of the possessor and the non-possessor. If it is in the hands of both of them (31), it is divided between them because the evidence of each of them is inclusive for one half and exclusive for the other half. If it is in the hands of one of the two sellers, and he denies both and claims it for himself, then if we say the two pieces of evidence cancel each other out, he takes an oath, and it is his. If he acknowledges it for one of them, he becomes the possessor, unless he acknowledges it for him after he has sworn that it is his. If we say one of them is prioritized (32) by drawing lots, then it belongs to the one for whom the lot falls, along with his oath. If we say it is divided between them, it is divided, and each of them recovers half of its price. If the sold item is of a type that enters the buyer's liability through the contract itself, or if the buyer has admitted to taking possession of it, then there is no option for either of them, nor is there any recourse
(29) In M: "the half of". (30) Omitted from: the original. (31) In M: "their two hands". (32) In M: "one of them (feminine)".