measured by weight [for another of its like] by volume. 799
Importance of Prayer & Ruling of its Abandonment
Facing the Qiblah & Intention in the Prayer
Etiquettes of Walking to Prayer and its Description
Description of Prayer Continued
Description of Prayer Continued
Description of Prayer Continued
Pillars and Mandatory Acts of Prayer
Two Prostrations of Forgetfulness
Supererogatory (Voluntary) Prayers
Supererogatory (Voluntary) Prayers Continued
Times of Prohibition of (Supererogatory) Prayer
Congregational Prayers & Latecomers
Jumu'ah (Congregational Friday) Prayer
Introduction & Commercial and Selling
Selling of Primary & Secondary Commodities
Cancellation Options in Transactions
Cancellation Options Continued
Debt Transference & Guarantor-ship
Mortgaging & Security Deposits
Partnership & Companies Continued
Reviving Barren Lands & Per-Job Wage
Lost and Found Property & Foundlings
Prize Money & Deposits for Safekeeping
Usury and Interest Continued
measured by weight [for another of its like] by volume. 799
If they are of different kinds, then it is permissible to sell as desired, hand to hand, but postponement is not permissible, 800 nor is separating [that is, the two traders physically separating] before taking possession, except in the case of exchanging a price [meaning currency: gold, silver, or cash], with the priced commodity [sold for that fixed price]. 801
وَإِنِ اخْتَلَفَ الْجِنْسَانِ، جَازَ بَيْعُهُ كَيْفَ شَاءَ يَدًا بِيَد وَلَمْ يَجُزِ النَّسَاءُ فِيْهِ، وَلاَ التَّفَرُّقُ قَبْلَ الْقَبْضِ، إِلاَّ فِي الثَّمَنِ بِالْمُثَمَّنِ.
799. Because you cannot guarantee similarity if you do that. Therefore, an item that is usually sold by volume, such as dates, must be exchanged by equal measures of volume, not weight: for example, two ṣâ‘s for two. (The ṣâ‘ is a measurement of volume roughly equivalent to 3 liters, that is equal to four mudds. One mudd is the fill of the two hands of an average adult, which is approximately 0.75 liters.) If you sell two kilos for two, the measure in volume may not be equal, since one type of dates may weigh more than the other.
800. That is because the Prophet (SA) said, “If these types differ, then sell as you wish if the payment is made hand to hand.” This means that you may exchange three (volume-based) measures of wheat for two measures of dates. However, the exchange must be completed at the same time.
801. For example, you may exchange gold for dates with a difference in measure, as well as deferment, because they do not share the same ‘illah of prohibition.
In summary, the usurious items, mentioned in the hadith above, and whatever is deemed like them must be traded with caution.
If it is the same kind, such as silver for silver or wheat for wheat, they must be traded hand to hand and equal for equal.
Any two things joined by a special name are of the same kind unless they are of different origins. 802 That is because substances of various origins are treated as separate kinds even if they have
وَإِنِ اخْتَلَفَ الْجِنْسَانِ، جَازَ بَيْعُهُ كَيْفَ شَاءَ يَدًا بِيَد وَلَمْ يَجُزِ النَّسَاءُ فِيْهِ، وَلاَ التَّفَرُّقُ قَبْلَ الْقَبْضِ، إِلاَّ فِيوَكُلُّ شَيْئَيْنِ جَمَعَهُمَا اسِمٌ خَاصٌ، فَهُمَا جِنْسٌ وَاحِدٌ، إلاَّ أَنْ يَكُوْنَا مِنْ أَصْلَيْنِ مُخْتَلِفَيْنِ، فَإِنَّ فُرُوْعَ الأَجْنَاسِ أَجْنَاسٌ، وَإِنِ اتَّفَقَتْ أَسْمَاؤُهَا كَالأَدِقَّةِ
If they are of the same group (sharing the same ‘illah), but different kinds, such as wheat for barley or silver for gold, they must be traded hand to hand, but not necessarily equal for equal. If they belong to different groups (not sharing the same ‘illah), such as silver for wheat, or if one of the two objects of sale is not usurious, such as camels for wheat, it is permissible to trade them with deferment of one item and increase. (Even if we consider the ‘illah for gold and silver being usurious items that they are measured by weight, as currencies, they may always be used as payment for other usurious items measured by weight with deferment of the price in deferred payment sales or the commodity in advance payment sales.)
Exchange of Non-Usurious Items
As for items which are not considered to be potentially usurious, you may exchange them with a difference in measure and with deferment. One, for instance, may sell three laptops delivered now for a car received in two months. However, there is a disagreement regarding exchanging properties of the same kind with a difference (e.g., two camels for one) when part of the transaction is deferred.
(a) + (-H): not allowed. In addition to the rational proof, they cited a hadith with controversial authenticity from Samurah ibn Jundub, in which the Prophet (SA) was quoted to have prohibited selling an animal for an animal in a deferred transaction. (-M) also agreed with this position as long as the traded properties have the exact uses/benefits.
(A) + (+S) allowed this deferment with an increase, supported by reports that the Companions, including ‘Ali, Ibn ‘Umar, and Ibn ‘Abbâs (RAHUM) were involved in transactions of this nature.
802. Such as ‘ajwa dates and noor dates; they are still dates.
similar names, such as the various kinds of flours and oils. 803
وَالأَدْهَانِ.
It is forbidden to sell fresh items of these for dried ones of the same kind. Similarly, one should not sell a pure for an impure substance, or a raw for a cooked foodstuff. 804
وَلاَ يَجُوْزُ بَيْعُ رَطْبٍ مِنْهَا بِيَابِسٍ مِنْ جِنْسِهِ، وَلاَ خَالِصِهِ بِمَشُوْبِهِ، وَلاَ نِيْئِهِ بِمَطْبُوْخِهِ.
The Prophet (SA) forbade muzâbanah, meaning to exchange dates for dates still hanging on palm trees. However, he gave a concession concerning ‘arâyâ transactions, if less than five awsuq) (900 litres). 805 [In ‘arâyâ transactions,] dry dates are exchanged for their estimated equivalent of ripe dates (still on the trees), which will be eaten fresh. 806
قَدْ نَهَى النَّبِيُّ عَنِ الْمُزَابَنَةِ، وَهُوَ اشْتِرَاءُ التَّمْرِ بِالتَّمْرِ فِيْ رُؤُوْسِ النَّخْل، وَأَرْخَصَ فِيْ بَيْعِ الْعَرَايَا فِيْمَا دُوْنَ خَمْسَةِ أَوْسُقٍ أَنْ تُبَاعَ بِخَرْصِهَا، يَأْكُلُهَا أَهْلُهَا رَطْبًا.
803. Such as barley flour and wheat flour; they are both called flour, but they are treated as barley and wheat, so they do not have to be equal in exchange, but must be exchanged hand to hand.
804. Because in such cases, equality cannot be guaranteed.
805. One wasq is equivalent to 60 ṣâ‘s, which, as mentioned earlier, is a measure of volume that is equal to four mudds. One mudd is the fill of the two hands of an average adult: approximately 0.75 liters.
806. Selling fresh dates on the palm trees for their equivalent in dried dates is not permissible because:
1) Equality cannot be guaranteed between fresh and dried dates.
2) There is conjecture involved in measuring the fresh dates on the trees.
However, for people’s needs, the Prophet (SA) made a concession in small amounts not exceeding five awsuq, which is 300 ṣâ‘s (900 liters).
( Page : no 71)