—may Allah bless him and grant him peace—: "If two parties in a sale disagree, the word is the word of (70) the seller" (71). This can be interpreted to mean if they disagree regarding the duration. As for when they disagree regarding the compensation, the correct [view] is that they shall take mutual oaths, for the reason we mentioned.
Section: If they disagree regarding the duration, one saying: "I hired it to you for a year for one dinar," and the other saying: "Rather, for two years for two dinars," then the word is the word of the owner, because he is a denier of the increase, so the word is his word regarding what he denied, just as if he said: "I sold you this slave for one hundred," and he said: "Rather, these two slaves." If he said: "I hired it to you for a year for one dinar," and he said: "Rather, for two years for one dinar," here they have disagreed regarding the amount of the compensation and the duration together, so they take mutual oaths; because agreement between them on a [specific] duration for a [specific] compensation was not found, so it becomes as if they disagreed regarding the compensation while agreeing on the duration. If the owner said: "I hired it to you for a year for one dinar," and the occupant said: "Rather, you hired me to guard it for one dinar," Ahmad said: The word is the word of the master of the house, unless the occupant has evidence. This is because the occupation of the house has already taken place by the occupant, and the utilization of its benefit occurred while it is the property of its owner, and the word is the word of the owner regarding his property, and the principle (asl) is the absence of hiring the occupant for guarding, so the word is the word of the one who denies it.
Section: If they disagree regarding transgression (ta'addi) concerning the hired item, the word is the word of the lessee; because he is a trusted party (mu'taman) regarding it, so he is like one with whom something has been deposited (mustawda'), and because the principle is the absence of hostility and being free from liability.
(70) In the original: "ma qala". (71) Narrated by al-Tirmidhi, in: Chapter on what is said when the two sellers disagree, from the Chapters on Sales. 'Aridat al-Ahwadhi 5/271. And Ibn Majah, in: Chapter on the two sellers disagreeing, from the Book of Commerce. Sunan Ibn Majah 2/737. And al-Darimi, in: Chapter on when the two parties to a sale disagree, from the Book of Sales 2/250. And Imam Malik, in: Chapter on the sale of option, from the Book of Sales. al-Muwatta 2/671.
