its replacement, just as if he usurped a slave and he fled. It is said: He has no right to demand the replacement, because he does not claim it. If he says: "You usurped a new slave from me," and he says: "Rather, it was an old one," the statement is that of the usurper; because the basic principle is that the new one was not incumbent, and the owner may demand the old one; because it is less than his right.

Section: If he sells a slave, and a person claims against the seller that he usurped the slave from him, and he establishes evidence for that, the sale is invalidated, and the buyer may seek recourse against the seller for its price. If there is no evidence, and both the seller and the buyer admit to it, it is as if evidence had been established for it. If the seller alone admits to it, it is not accepted regarding the buyer; because his admission is not accepted against someone else, and the value becomes binding upon the seller; because he intervened between him and his property, and the slave is left in the hands of the buyer; because he is the owner in appearance, and the seller has the right to make him swear an oath. Then, if the seller has not received the price, he has no right to demand it from the buyer; because he does not claim it. It is possible that he has the right to demand the lesser of the two amounts, either the price or the value of the slave; because he claims the value against the buyer, and the buyer admits to him the price, so they have agreed on the entitlement to the lesser of the two amounts, thus it becomes binding. Their disagreement regarding the cause does not harm them after they have agreed on the ruling, just as if he said: "You owe me a thousand from the price of a sale," and he replied: "Rather, a thousand from a loan." If he has already received the price, the buyer has no right to reclaim it; because he does not claim it. Whenever the slave returns to the seller through annulment or otherwise, he must return it to its claimant, and he has the right to reclaim what he took from him. If the seller's admission occurred during his option period, the sale is annulled; because he has the right to annul it, so his admission to what he annuls is accepted. If the buyer alone admits to it, he is obligated to return the slave, and his admission is not accepted against the seller, nor does he have the right to seek recourse against him for the price if he had already received it, and he is obligated to pay it to him if he had not received it. If the buyer establishes evidence for what he admitted to, it is accepted, and he has the right to seek recourse for the price.