Explanation of the author's statement: "Or by one hundred dirhams except a dinar, and the reverse, or if he sold a known and an unknown item whose knowledge is difficult to ascertain, and he did not say that each of them is for such-and-such, it is not valid."
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The Shaykh : He said, "Or if he sold it to him for one hundred dirhams except a dinar, it is not valid". He said, and the reverse is if he sold it to him for a dinar except a dirham, it is not valid. These are two issues. The first issue: if he sold it to him for one hundred dirhams except a dinar, it is not valid because the excluded item is of a different type than the item from which it is excluded. Is it valid or not?
The questioner : Correct.
The Shaykh : All right, one hundred dirhams except a dirham.
The questioner : Correct.
The Shaykh : It is valid because the excluded item is of the same type as the item from which it is excluded. All right, one hundred dirhams except a dinar. If we estimate the dinar, we estimate its value and deduct it from the dirhams. For example, after the sale is completed, we ask: how much is the dinar worth? He says it is worth ten dirhams. So what is the sale price?
The questioner : Ninety.
The Shaykh : Ninety. So why is it not valid? They said because we might estimate its value, and it could be more or less. Based on this, we say if the dirhams and dinars have a known value, meaning it is established by the state that ten dirhams equal a dinar, and you say you sold it for one hundred dirhams except a dinar, then the sale is valid because the uncertainty is removed. Perhaps this is what the scholars (may Allah have mercy on them) intended: that their intention is if the value of the dinar is what? Not known. But if it is known, then the price will be known. All right, I sold you this item for a dinar except a dirham. Aqil, where did you go? A dinar except a dirham. Is it valid or not?
The questioner : It is not authentic.
The Shaykh : It is not valid according to the author's statement because the value of the excluded dirham is not known relative to the dinar, and the excluded item is of a different type than the item from which it is excluded, so it is not valid.
And based on what we have established, we say if the ratio of dirhams to dinars does not vary, the sale is valid. But how do we proceed? A dinar except a dirham. How do we take the price from the buyer? We say if the dinar is worth ten, the sale is for nine, and the matter is clear. So based on this, we say if one excludes one of the two currencies from the other, the sale is not valid according to the school of thought, and we qualify this by saying it is so if the value is subject to increase and decrease. But if the value is established such that every ten dirhams equal a dinar, then the exclusion is valid. Yes.
He said, may Allah have mercy on him, "Or if he sold a known and an unknown item whose knowledge is difficult to ascertain, and he did not say that each of them is for such-and-such, it is not valid". If he said that each of them is for such-and-such, it is valid. "A known and an unknown item whose knowledge is difficult to ascertain". We need an example, such as if he said, "I sold you this she-camel and what is in the belly of this she-camel." Is what is in the belly of the other she-camel known or unknown?
The questioner : He is unknown.
The Shaykh : Is its knowledge difficult to ascertain or not? Its knowledge is difficult to ascertain at the time of the contract. So here the author, may Allah have mercy on him, says, "If he said that each of them is for such-and-such, it is valid, otherwise it is not". The example again: he said, "I sold you this she-camel and what is in the belly of this she-camel for one thousand dirhams." Is the price known now or not?
The questioner : Yes.
The Shaykh : And the item sold?
The questioner : Part of it.
The Shaykh : Part of it is known and part of it is not known. Is this unknown part difficult to ascertain now or not?
The questioner : It is difficult to ascertain.
The Shaykh : It is difficult to ascertain because it is a fetus. So we say if he said that each of them is for such-and-such, it is valid, by saying, "I sold you this she-camel and what is in the belly of this she-camel for one thousand dirhams. This she-camel is for eight hundred and the fetus is for two hundred." What is the ruling?
The questioner : It is valid.
The Shaykh : It is valid because there is no uncertainty in this. But the she-camel and what is in the belly of the other for one thousand, we cannot divide the price between them because the value of the fetus is what? Unknown. The value of the fetus is unknown and it is not possible to determine its value, so the price remains unknown now, and this is clear. All right, if he said, "I sold you this she-camel and its fetus for one hundred. It is for eighty and the fetus is for twenty."
The questioner : Correct.
The Shaykh : O brothers, where are the minds? If we say this she-camel and what is in the belly of the other for one hundred, the she-camel is for eighty and what is in the belly of the other is for twenty.
The questioner : It is valid.
The Shaykh : You said it is valid. All right, this issue: this she-camel, I sold you this she-camel and what is in its belly for one hundred. The she-camel is for eighty and the fetus is for one hundred.
The questioner : ... .
The Shaykh : Yes, the fetus is for twenty. You are right, the fetus is for twenty.
The questioner : It is not valid.
The Shaykh : All right, we ask al-Sharafi why it is not valid, and the first issue is valid?
The questioner : The first issue... and the sale is attached to it.
The Shaykh : But we clarified, may Allah protect you, its value. There is no uncertainty. We said twenty. Its value from the hundred is twenty.
The questioner : Because... the value.
The Shaykh : Say "even if" and that is enough. That is, the word "even if" means the person does not have a reasoning.
The questioner : ... because it is required that... and this is not known...
The Shaykh : But my brother, the price is known. What is the difference between this she-camel and what is in the belly of the other for one hundred, the she-camel for eighty and what is in the belly of the other for twenty? This is the same thing. This she-camel and its fetus for one hundred, the she-camel for eighty and the fetus for twenty. In reality, it says it is not valid, but pay attention to the reasoning: the fetus cannot be sold except what? Except as an accessory. So if you say this she-camel is for eighty and the fetus is for twenty, it becomes independent now, so its sale is not valid. All right, its sale is not valid, its sale is not valid, just as the sale of the fetus of the other she-camel in the first example is not valid, and the mother remains for eighty. They said if we validate the sale of the mother without the fetus, it becomes like excluding the fetus. It becomes like selling the pregnant animal with the exclusion of its fetus. And it has been established that selling the pregnant animal with the exclusion of its fetus is valid or not? According to the school of thought, it is not valid. And based on what we have preferred, it is valid. Based on what we have preferred, that if a person sells a pregnant animal and excludes the fetus, the sale is valid. Pay attention to the difference; you will see that the differences among the scholars are precise. Shall we move on?
The questioner : ... .
The questioner : Correct.
The Shaykh : All right, one hundred dirhams except a dirham.
The questioner : Correct.
The Shaykh : It is valid because the excluded item is of the same type as the item from which it is excluded. All right, one hundred dirhams except a dinar. If we estimate the dinar, we estimate its value and deduct it from the dirhams. For example, after the sale is completed, we ask: how much is the dinar worth? He says it is worth ten dirhams. So what is the sale price?
The questioner : Ninety.
The Shaykh : Ninety. So why is it not valid? They said because we might estimate its value, and it could be more or less. Based on this, we say if the dirhams and dinars have a known value, meaning it is established by the state that ten dirhams equal a dinar, and you say you sold it for one hundred dirhams except a dinar, then the sale is valid because the uncertainty is removed. Perhaps this is what the scholars (may Allah have mercy on them) intended: that their intention is if the value of the dinar is what? Not known. But if it is known, then the price will be known. All right, I sold you this item for a dinar except a dirham. Aqil, where did you go? A dinar except a dirham. Is it valid or not?
The questioner : It is not authentic.
The Shaykh : It is not valid according to the author's statement because the value of the excluded dirham is not known relative to the dinar, and the excluded item is of a different type than the item from which it is excluded, so it is not valid.
And based on what we have established, we say if the ratio of dirhams to dinars does not vary, the sale is valid. But how do we proceed? A dinar except a dirham. How do we take the price from the buyer? We say if the dinar is worth ten, the sale is for nine, and the matter is clear. So based on this, we say if one excludes one of the two currencies from the other, the sale is not valid according to the school of thought, and we qualify this by saying it is so if the value is subject to increase and decrease. But if the value is established such that every ten dirhams equal a dinar, then the exclusion is valid. Yes.
He said, may Allah have mercy on him, "Or if he sold a known and an unknown item whose knowledge is difficult to ascertain, and he did not say that each of them is for such-and-such, it is not valid". If he said that each of them is for such-and-such, it is valid. "A known and an unknown item whose knowledge is difficult to ascertain". We need an example, such as if he said, "I sold you this she-camel and what is in the belly of this she-camel." Is what is in the belly of the other she-camel known or unknown?
The questioner : He is unknown.
The Shaykh : Is its knowledge difficult to ascertain or not? Its knowledge is difficult to ascertain at the time of the contract. So here the author, may Allah have mercy on him, says, "If he said that each of them is for such-and-such, it is valid, otherwise it is not". The example again: he said, "I sold you this she-camel and what is in the belly of this she-camel for one thousand dirhams." Is the price known now or not?
The questioner : Yes.
The Shaykh : And the item sold?
The questioner : Part of it.
The Shaykh : Part of it is known and part of it is not known. Is this unknown part difficult to ascertain now or not?
The questioner : It is difficult to ascertain.
The Shaykh : It is difficult to ascertain because it is a fetus. So we say if he said that each of them is for such-and-such, it is valid, by saying, "I sold you this she-camel and what is in the belly of this she-camel for one thousand dirhams. This she-camel is for eight hundred and the fetus is for two hundred." What is the ruling?
The questioner : It is valid.
The Shaykh : It is valid because there is no uncertainty in this. But the she-camel and what is in the belly of the other for one thousand, we cannot divide the price between them because the value of the fetus is what? Unknown. The value of the fetus is unknown and it is not possible to determine its value, so the price remains unknown now, and this is clear. All right, if he said, "I sold you this she-camel and its fetus for one hundred. It is for eighty and the fetus is for twenty."
The questioner : Correct.
The Shaykh : O brothers, where are the minds? If we say this she-camel and what is in the belly of the other for one hundred, the she-camel is for eighty and what is in the belly of the other is for twenty.
The questioner : It is valid.
The Shaykh : You said it is valid. All right, this issue: this she-camel, I sold you this she-camel and what is in its belly for one hundred. The she-camel is for eighty and the fetus is for one hundred.
The questioner : ... .
The Shaykh : Yes, the fetus is for twenty. You are right, the fetus is for twenty.
The questioner : It is not valid.
The Shaykh : All right, we ask al-Sharafi why it is not valid, and the first issue is valid?
The questioner : The first issue... and the sale is attached to it.
The Shaykh : But we clarified, may Allah protect you, its value. There is no uncertainty. We said twenty. Its value from the hundred is twenty.
The questioner : Because... the value.
The Shaykh : Say "even if" and that is enough. That is, the word "even if" means the person does not have a reasoning.
The questioner : ... because it is required that... and this is not known...
The Shaykh : But my brother, the price is known. What is the difference between this she-camel and what is in the belly of the other for one hundred, the she-camel for eighty and what is in the belly of the other for twenty? This is the same thing. This she-camel and its fetus for one hundred, the she-camel for eighty and the fetus for twenty. In reality, it says it is not valid, but pay attention to the reasoning: the fetus cannot be sold except what? Except as an accessory. So if you say this she-camel is for eighty and the fetus is for twenty, it becomes independent now, so its sale is not valid. All right, its sale is not valid, its sale is not valid, just as the sale of the fetus of the other she-camel in the first example is not valid, and the mother remains for eighty. They said if we validate the sale of the mother without the fetus, it becomes like excluding the fetus. It becomes like selling the pregnant animal with the exclusion of its fetus. And it has been established that selling the pregnant animal with the exclusion of its fetus is valid or not? According to the school of thought, it is not valid. And based on what we have preferred, it is valid. Based on what we have preferred, that if a person sells a pregnant animal and excludes the fetus, the sale is valid. Pay attention to the difference; you will see that the differences among the scholars are precise. Shall we move on?
The questioner : ... .