He also narrated a hadith from Abd al-Malik ibn Ubaydah, who said: The Messenger of Allah, peace and blessings of Allah be upon him, said: "If the two parties to a sale disagree, the seller shall be asked to swear, and then the buyer has the option [to choose]: if he wishes, he takes it, and if he wishes, he leaves it." This is apparent in that he may rescind it without a judge, for he gave the option to him, so he is like someone who has the option of condition (khiyar al-shart) or returning [the item] due to a defect. Because it is a rescission to redress a grievance, it is similar to returning [the item] due to a defect; it does not resemble marriage because each of the two spouses has the autonomy to initiate divorce. When the contract is rescinded, the Qadi said: The apparent view of Ahmad's words is that the rescission is effective both outwardly and inwardly, because it is a rescission to redress a grievance, so it is like returning [an item] due to a defect, or the rescission of a contract through mutual swearing (tahaluf), so it occurs outwardly and inwardly, like rescission by li'an. Abu al-Khattab said: If the seller is the oppressor, the contract is not rescinded inwardly, because he was able to execute the contract and fulfill his right, so the contract is not rescinded inwardly, and he is not permitted to dispose of the sold item because he is a usurper. If the buyer is the oppressor, the sale is rescinded outwardly and inwardly, due to the seller's inability to fulfill his right, so he has the right to rescission, as if the buyer were bankrupt. The companions of al-Shafi'i have two positions similar to these two. They also have a third position: that it is not rescinded inwardly under any circumstances. This is invalid, for if it were known that it is never rescinded inwardly under any circumstances, it would not be possible to rescind it outwardly, as neither of them would be permitted to dispose of what returned to him by way of rescission, and whenever it is known that such is forbidden, he is prevented from it. Because the Lawgiver granted the aggrieved one among them the right to rescind it outwardly and inwardly, it is thus rescinded by his rescission inwardly, just like the return due to a defect.
= He is Abu Abd al-Rahman al-Qasim ibn Abd al-Rahman ibn Abd Allah ibn Mas'ud al-Mas'udi al-Kufi, the judge. He narrated from his father, from his grandfather in a mursal form, and from Ibn Umar, Jabir ibn Samurah, and others. He died in the year 120 AH. Tahdhib al-Tahdhib 8/321, 322. (8) Narrated by al-Nasa'i, in: The Chapter on the Disagreement of the Two Parties to a Sale Regarding the Price, from the Book of Sales. Al-Mujtaba 7/266. And Imam Ahmad, in: Al-Musnad 1/466. And al-Bayhaqi, in: The Chapter on the Disagreement of the Two Parties to a Sale, from the Book of Sales. Al-Sunan al-Kubra 5/333. And al-Daraqutni, in: The Book of Sales. Sunan al-Daraqutni 3/18, 19. (9) In the original: "is concluded" (yan'aqid). (10) In the original: "the mutual swearing" (al-tahaluf). (11) In MS M: "it is rescinded" (yufsakh).
