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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 7 · Page 490Section

Translation · EN

Section: If the buyer says: "I do not know the amount of the price," his statement is accepted because what he claims is possible, as it is permissible that he bought it in a lump sum, or for a price whose amount he has forgotten. He shall swear an oath, and once he has sworn, the preemption (shuf'a) lapses, because it cannot be claimed without offering payment, and he cannot be forced to pay to him what he does not claim. If the [preemptor] claims that you did this as a trick to cause the lapse of the preemption, then he must swear an oath denying that.

Section: If he bought a share (shiqs) for a commodity (arad) and they differ regarding its value, then if it is present, they shall present it to appraisers. If it is impossible to bring it, then the statement is that of the buyer, just as if they differed regarding the amount of the price. If he claims ignorance of its value, he is in the same position as we mentioned regarding the one who claims ignorance of its price. If they differ regarding the planting and building on the share, and the buyer says: "I originated it," and the preemptor denies it, the statement is that of the buyer, because it is his property, and the preemptor wishes to acquire it from him, [so the statement is] that of the owner.

Section: If the preemptor claims against one of the partners: "You bought your share, so I have the right to take it via preemption," he needs to clarify his claim. He must specify the place where the share is located, mention the amount of the share and the price, and claim the preemption over it. Once he has done this, the defendant is asked; if he admits it, it becomes binding upon him. If he denies it and says: "I only received it as a gift (hibah) or inherited it, so you have no preemption over it," then the statement is that of the one denying it, just as if he were to claim his share against him without preemption. If he swears, he is cleared; if he refuses to swear, judgment is passed against him. If he says: "You have no right to preemption against me," his statement is accepted along with his oath, and his oath is according to his statement in the denial. If he refuses to swear and judgment is passed against him regarding the preemption, the price is offered to him. If...

Notes

(4) In the original, there is an addition: "lahu" (for him). (5) In the original: "ikhtiyaruhu" (his choice). (6) Omitted from: [B]. (7) In [B] and [M]: "hadaththuhu" (I originated it). (8) In [M]: "fal-qawlu" (the statement is). (9) In the original: "nasibahu" (his share).

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