What's the ruling?

[mkotich]

I can see it going either way.. If the cards touch the muck, they're dead. I saw at the casino the other night, one guy threw his cards face up onto the table almost touching the muck, the dealer stuck his hand out to block them saying that if those cards touch the muck, face up or face down, they're dead. End of story.

However I think you're right, in a friendly home game (low stakes?) maybe you can just hold a quick vote or something and say "if he tells us his cards, and they're at the top of the pile, he can have it if Player A agrees." or something you could let 'em have it.