Selling what is measured by volume with what is weighed, and the criterion for measuring and weighing
Machine translationRead the Arabic original
The questioner:
The commentator, may Allah preserve him, mentioned that the young man referred to the two causes that differ, and the command regarding measuring and weighing. He stated that there are two narrations regarding this in the praise [context: likely referring to the discussion or a specific text], one of which is prohibition by analogy to what agreed upon regarding the cause, and the other is permissibility because the description of the cause of riba (usury or interest) did not gather, similar to animal skins. This is the stronger of the two opinions, despite its difficulty. Then he transmitted whether it is by the description of the cause of riba.
The Shaykh:
Repeat the question.
The questioner:
And the Shaykh mentioned.
The Shaykh:
From the microphone.
The questioner:
The commentator mentioned that where the two causes differ, namely measuring and weighing, there are two narrations from Ibn Ahmad. One is prohibition by analogy to the estimation of the two causes, and the other is permissibility because the description of the cause of riba (usury or interest) did not gather, similar to animal skins. So which is the clear of the two opinions with the implementation of the divine? And what is clear?
The Shaykh:
The stronger opinion is that if what is measured by volume is sold with what is weighed, it is permissible to have a difference in quantity. Because they have become two different species; this is measured by volume, and this is weighed. Just as if one sold gold for barley; the barley is measured by volume, and the gold is weighed, so it is permissible to have a difference in quantity. The cause differs; a difference in cause is a difference in species. The Messenger of Allah (peace and blessings be upon him) said:Sahih Muslim 1587c So if one sells what is measured by volume with what is weighed, it is permissible to have a difference in quantity due to the difference in cause.
Yes, and we know that what is measured by volume is not permissible to convert to being weighed, just as what is weighed is not permissible to convert to being measured by volume. So each remains on its original basis for the sake of distinguishing between them and differentiating between them. So if what is measured by volume is sold as weighed, it is not valid, and if what is weighed is sold as measured by volume, it is not valid. Yes. Each remains on its original standard. Yes. But one looks to the original, not to the kilogram. One looks to the original. The original at the time of the revelation of the legislation: what is measured by volume is referred to the original, and what is weighed is referred to the original. The change in the kilogram or kilo is not the basis for a ruling. Yes.
Another questioner:
Weighing is known to people before measuring or weighing? Yes.
The Shaykh:
Weighing is weighing, and what has weighing is weighing.
Another questioner:
Its name is weighing.
The Shaykh:
Weighing is weighing.
Another questioner:
Or or.
The Shaykh:
No, weighing is weighing. Measuring is by filling; that is, filling the measured item. The measured item is filled. This measuring, like the sa' (a dry measure of about 3 kg), is filled with barley, dates, or oil. Oil is also measured by volume. So what is measured by volume is by filling the container that is considered measured by volume. As for weighing, it is considered by weight; the weight of the thing on the scale is this weighing. Yes.
Another questioner:
Your estimation.
The Shaykh:
So measuring is by quantity, and as for weighing, it is by weight. Yes.
Another questioner:
Big, big.
The Shaykh:
This statement is regarding the entry of riba (usury or interest), selling some of them with some of them. As for weighing in nature and weighing in other matters, there is nothing wrong with it, because riba (usury or interest) does not enter into it. Yes.
The commentator, may Allah preserve him, mentioned that the young man referred to the two causes that differ, and the command regarding measuring and weighing. He stated that there are two narrations regarding this in the praise [context: likely referring to the discussion or a specific text], one of which is prohibition by analogy to what agreed upon regarding the cause, and the other is permissibility because the description of the cause of riba (usury or interest) did not gather, similar to animal skins. This is the stronger of the two opinions, despite its difficulty. Then he transmitted whether it is by the description of the cause of riba.
The Shaykh:
Repeat the question.
The questioner:
And the Shaykh mentioned.
The Shaykh:
From the microphone.
The questioner:
The commentator mentioned that where the two causes differ, namely measuring and weighing, there are two narrations from Ibn Ahmad. One is prohibition by analogy to the estimation of the two causes, and the other is permissibility because the description of the cause of riba (usury or interest) did not gather, similar to animal skins. So which is the clear of the two opinions with the implementation of the divine? And what is clear?
The Shaykh:
The stronger opinion is that if what is measured by volume is sold with what is weighed, it is permissible to have a difference in quantity. Because they have become two different species; this is measured by volume, and this is weighed. Just as if one sold gold for barley; the barley is measured by volume, and the gold is weighed, so it is permissible to have a difference in quantity. The cause differs; a difference in cause is a difference in species. The Messenger of Allah (peace and blessings be upon him) said:
If these classes differ, then sell as you wish
فَإِذَا اخْتَلَفَتْ هَذِهِ الأَصْنَافُ فَبِيعُوا كَيْفَ شِئْتُمْYes, and we know that what is measured by volume is not permissible to convert to being weighed, just as what is weighed is not permissible to convert to being measured by volume. So each remains on its original basis for the sake of distinguishing between them and differentiating between them. So if what is measured by volume is sold as weighed, it is not valid, and if what is weighed is sold as measured by volume, it is not valid. Yes. Each remains on its original standard. Yes. But one looks to the original, not to the kilogram. One looks to the original. The original at the time of the revelation of the legislation: what is measured by volume is referred to the original, and what is weighed is referred to the original. The change in the kilogram or kilo is not the basis for a ruling. Yes.
Another questioner:
Weighing is known to people before measuring or weighing? Yes.
The Shaykh:
Weighing is weighing, and what has weighing is weighing.
Another questioner:
Its name is weighing.
The Shaykh:
Weighing is weighing.
Another questioner:
Or or.
The Shaykh:
No, weighing is weighing. Measuring is by filling; that is, filling the measured item. The measured item is filled. This measuring, like the sa' (a dry measure of about 3 kg), is filled with barley, dates, or oil. Oil is also measured by volume. So what is measured by volume is by filling the container that is considered measured by volume. As for weighing, it is considered by weight; the weight of the thing on the scale is this weighing. Yes.
Another questioner:
Your estimation.
The Shaykh:
So measuring is by quantity, and as for weighing, it is by weight. Yes.
Another questioner:
Big, big.
The Shaykh:
This statement is regarding the entry of riba (usury or interest), selling some of them with some of them. As for weighing in nature and weighing in other matters, there is nothing wrong with it, because riba (usury or interest) does not enter into it. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 12 من 89|شرح العدة في شرح العمدة|البيوع|باب بيع الأصول والثمار|صالح الفوزان|الفقه|كبار العلماء — youtube.com (51:10)
The Arabic text is a machine transcription of the audio recording.
