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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Difference Between al-Kharaj bi al-Dhaman and the Issue of al-Musarra

Machine translationRead the Arabic original
Question:
And between the two, what is the difference between the issue of al-Dhaman (guarantee) and the issue of al-Sin'ah (craftsmanship) that they bring up regarding one of them?

Answer:
That is an independent principle; it does not fall under it. This one involves a sa' (a dry measure of about 3 kg) being returned with it, so it is excluded. This is an excluded issue. They said this is an independent principle, following the text, so it is excluded from the rule of al-Kharaj bi al-Dhaman (output is guaranteed by liability).
Source شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع باب شروطه وما نهي عنه منه - 4 — islamhouse.com (52:17)

The Arabic text is a machine transcription of the audio recording.

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