What is the meaning of "al-tatārak" and "al-turād" mentioned in the Hadith: "If the two parties to a sale disagree and there is no clear evidence, then the statement of the seller is accepted, or they should mutually dissolve the sale (yatatārakān)" and "they should mutually return (yataraddān)" when the two parties to a sale differ regarding the occurrence of a defect, especially if the statement of the seller is accepted?
"Al-Tatar" in the Noble refers to the annulment of a sale and its return. Its meaning is that if the merchandise has passed into the possession of the buyer, then he must return its value to the seller and take back the price he paid. Scholars have differed on this matter. Some said that the oath falls upon both the seller and the buyer. Others said that the buyer's statement with his oath is to be accepted. Still others said that the seller's statement with his oath is to be accepted, and this is the view of the majority. However, if the disagreement is concerning a defect that appeared in the merchandise, then if the defect can only be attributed to one of them, his statement is accepted without an oath. If it can be attributed to either of them, there are two opinions: the first is that the buyer's statement with his oath is to be accepted, and the second is that the seller's statement with his oath is to be accepted, and this is the view of the majority.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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