Explanation of the author's statement: "And if he sold a garment, a heap, or a flock, every cubit, qafiz, or sheep for one dirham, it is valid; and if he sold from the heap every qafiz for one dirham."
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The Shaykh : The author (may Allah have mercy on him) said: "And if he sold a garment, a heap, or a flock" By "garment" is meant sewn and unsewn, and the common usage is for unsewn cloth. "Or if he sold a heap" A heap is a pile of food. "Or if he sold a flock" A flock is a group of sheep. "Every cubit, or qafiz, or sheep" Every cubit refers to what? The garment. Or a qafiz refers to the heap, and a qafiz is a type of dry measure. Or a sheep refers to the flock. So in the speech, there is a general statement followed by a detailed breakdown in order, because it is more beautiful to start with the general and then detail it in order. Good.
If he sold all of these, every cubit, qafiz, heap, or sheep for one dirham, it is valid, even if they do not know the quantity, because he sold the whole and made this specification an estimate of the price. As for the item sold, it is known. Did you understand? This is a person who has a flock of sheep and says, "I am selling you this entire flock, every sheep for one dirham." It is valid because the item sold is known, and the estimation by the sheep, meaning by the unit, is for the purpose of knowing the amount of the price, so it is valid. Good. This flock may come to one hundred or two hundred heads. We say this does not harm, it does not harm, because it is known by sight, and my specifying the price for every head is only for the estimation of the price. Good.
Similarly, if he sold the entire heap, every qafiz, or if you wish, say every sa' for one dirham, there is no harm.
Likewise, if he sold the garment, this piece of cloth, and said, "I am selling you the meter for such and such," or "I am selling you this garment, the meter for such and such," this is permissible. But if he sold from the heap every qafiz for one dirham, or from the garment every cubit for one dirham, or from the flock every sheep for one dirham, then here the sale is not valid. Yes?
The questioner : ... .
The Shaykh : May Allah reward you. Wait, do you know the ruling now? He sold him the entire flock, every sheep for one dirham. What is the ruling?
The questioner : It is valid.
The Shaykh : It is valid. He sold him from the flock, every sheep for one dirham? It is not valid. Why? Because "from" indicates partiality, so we do not know if he takes a lot from this flock or a little. So the matter returns to the ignorance of the item sold, because he may take from the flock, for example, fifty heads, or twenty heads, or the entire flock. So it is unknown. Therefore, it is not valid. What? It is like the English language today?
The questioner : ... .
The Shaykh : Did you know the difference? The difference is that in the first case, the sale fell upon the whole, and the fact that each one is for such and such is only for knowing the amount of the price. So the item sold is now known, or is it not known?
The questioner : Understood.
The Shaykh : Good. Here he says, "from the flock, every sheep for one dirham." "From" is for partiality. Good. If he took from the flock, which has a number of one thousand, three, we do not obligate him with more than three, because he says "from," and "from" comes for partiality. Good. Did he take thirty? It is not the same thing? I do not know what he takes from the flock, so it is unknown to me. So it is unknown. This is the difference. It seems it does not enter your apparent understanding. It seems it is not in your minds. So we say the second opinion is the validity of that. The second opinion in this issue is that this is valid, and that is because the seller may have meant, he may have reassured himself that perhaps the buyer will take all of what? The entire flock. And he used "from" for partiality so that the buyer would have the choice, if he wished he would take a lot, and if he wished he would take a little. Then the issue will be known if he says, "I want ten from the flock." It is known, or not? It is known. So it is valid. And this opinion is the stronger opinion in this issue, that if he sold him from the flock every sheep for one dirham, or from the garment every cubit for one dirham, or from the heap every qafiz for one dirham, then the sale is valid, just as if he sold him the whole.
And we mentioned in the previous lesson that people have the custom that when the buyer comes to the flock and says to the owner of the flock, "Take what you wish," for example, two, three, four sheep, he chooses, he takes one, two, three, four, and leaves. And people trade with each other in this way, and the practice is based on this. So the correct ruling is the validity of that, in this and in this.
He said (may Allah have mercy on him): "And if he sold from the heap every qafiz" Look, "from the heap," "from" is for what?
The questioner : For partiality.
The Shaykh : For partiality. "Every qafiz for one dirham" Or yes, then it is not valid.
If he sold all of these, every cubit, qafiz, heap, or sheep for one dirham, it is valid, even if they do not know the quantity, because he sold the whole and made this specification an estimate of the price. As for the item sold, it is known. Did you understand? This is a person who has a flock of sheep and says, "I am selling you this entire flock, every sheep for one dirham." It is valid because the item sold is known, and the estimation by the sheep, meaning by the unit, is for the purpose of knowing the amount of the price, so it is valid. Good. This flock may come to one hundred or two hundred heads. We say this does not harm, it does not harm, because it is known by sight, and my specifying the price for every head is only for the estimation of the price. Good.
Similarly, if he sold the entire heap, every qafiz, or if you wish, say every sa' for one dirham, there is no harm.
Likewise, if he sold the garment, this piece of cloth, and said, "I am selling you the meter for such and such," or "I am selling you this garment, the meter for such and such," this is permissible. But if he sold from the heap every qafiz for one dirham, or from the garment every cubit for one dirham, or from the flock every sheep for one dirham, then here the sale is not valid. Yes?
The questioner : ... .
The Shaykh : May Allah reward you. Wait, do you know the ruling now? He sold him the entire flock, every sheep for one dirham. What is the ruling?
The questioner : It is valid.
The Shaykh : It is valid. He sold him from the flock, every sheep for one dirham? It is not valid. Why? Because "from" indicates partiality, so we do not know if he takes a lot from this flock or a little. So the matter returns to the ignorance of the item sold, because he may take from the flock, for example, fifty heads, or twenty heads, or the entire flock. So it is unknown. Therefore, it is not valid. What? It is like the English language today?
The questioner : ... .
The Shaykh : Did you know the difference? The difference is that in the first case, the sale fell upon the whole, and the fact that each one is for such and such is only for knowing the amount of the price. So the item sold is now known, or is it not known?
The questioner : Understood.
The Shaykh : Good. Here he says, "from the flock, every sheep for one dirham." "From" is for partiality. Good. If he took from the flock, which has a number of one thousand, three, we do not obligate him with more than three, because he says "from," and "from" comes for partiality. Good. Did he take thirty? It is not the same thing? I do not know what he takes from the flock, so it is unknown to me. So it is unknown. This is the difference. It seems it does not enter your apparent understanding. It seems it is not in your minds. So we say the second opinion is the validity of that. The second opinion in this issue is that this is valid, and that is because the seller may have meant, he may have reassured himself that perhaps the buyer will take all of what? The entire flock. And he used "from" for partiality so that the buyer would have the choice, if he wished he would take a lot, and if he wished he would take a little. Then the issue will be known if he says, "I want ten from the flock." It is known, or not? It is known. So it is valid. And this opinion is the stronger opinion in this issue, that if he sold him from the flock every sheep for one dirham, or from the garment every cubit for one dirham, or from the heap every qafiz for one dirham, then the sale is valid, just as if he sold him the whole.
And we mentioned in the previous lesson that people have the custom that when the buyer comes to the flock and says to the owner of the flock, "Take what you wish," for example, two, three, four sheep, he chooses, he takes one, two, three, four, and leaves. And people trade with each other in this way, and the practice is based on this. So the correct ruling is the validity of that, in this and in this.
He said (may Allah have mercy on him): "And if he sold from the heap every qafiz" Look, "from the heap," "from" is for what?
The questioner : For partiality.
The Shaykh : For partiality. "Every qafiz for one dirham" Or yes, then it is not valid.