The author of al-Rawd said: "And if the item sold is like a heap, meaning a pile of food, estimated at ten qafiz, and it turns out to be less or more, the sale is valid and there is no option, and the excess belongs to the seller and the deficiency is upon him."
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The Shaykh : Now, in the commentary, there is an example that may be similar to this one but differs from it in ruling. He said: "And if the item sold is like a heap, meaning a pile of food, estimated at ten qafiz, and it turns out to be less or more, the sale is valid and there is no option, and the excess belongs to the seller and the deficiency is upon him" Did you hear? He has a pile of food and says, "I am selling you this heap as if it were one hundred kilograms," but it turns out to be less than one hundred, it turns out to be ninety kilograms. He says the sale is valid, and this is like land, but the buyer has no option, he has no option, and the seller is compelled to complete the amount, the seller is compelled to complete the amount. And if it turns out to be more, he says, "I am selling you this pile of food as if it were one hundred kilograms," but it turns out to be one hundred and twenty kilograms, so the sale is valid, the sale is valid, and the excess belongs to whom?
The questioner : For the seller.
The Shaykh : It belongs to the seller. So if the buyer says, "If I take the excess, then I have the option," the author says he has no option, he has no option. And now, who has the option in this issue, is it the seller or the buyer? The seller, because he is the one upon whom the deficiency falls. It turns out to be one hundred and twenty kilograms, so the seller says, "I will take the excess, so I have the option between taking the excess and rescinding the sale." We say you have no option at all, the excess is yours, so take it. But what is the difference? He says the difference is that land cannot be increased or decreased, meaning if he sold it as one hundred meters and it turned out to be ninety meters, is it possible for him to bring a meter to add to these ninety? It is not possible. But a heap of food, it is possible for him to bring other food of the same type and complete it, and likewise if it increased. But it should be said that if it turns out to be more than the estimated amount and the buyer had an interest in the heap itself, meaning he estimated that this heap would suffice for the guests he has, if the seller wants to take the excess, then in his view it does not suffice for the guests. Do we say that his interest has been lost and so he has the option? We say that according to the previous rule, his interest has been lost, so he has the option, because it decreased, unless the buyer says, "I will complete it for you from the same type," in which case he has no option.
The questioner : If he says.
The Shaykh : If the seller says, if the seller says to the buyer, "I will complete the one hundred kilograms for you from the same type of food," then the buyer has no option, because his interest is what? It is not lost, because his interest has not been lost.
The questioner : Shaykh ... .
The Shaykh : I bought from this heap as if it were one hundred, as if it were one hundred, and in my view it suffices for the guests I have, but it turned out to be one hundred and twenty, and the seller said, "I will take the excess." So the buyer's interest has now been lost, so he has the option. But the school of thought says he has no option, the school of thought says he has no option. No, the example is if it turns out to be less, if it turns out to be less, he bought it as one hundred kilograms and that it suffices for the guests he has, but it turned out to be ninety kilograms. The school of thought says the buyer has no option. Why? Because if the seller brings food of the same type and completes the one hundred, his interest is not lost. But if it is estimated that his interest has been lost because the seller delayed in completing it or brought food of a lower quality than the food that was the subject of the contract, then the buyer has the option. Then the author said.
The questioner : The time for questions has come.
The Shaykh : Has the time for questions come?
The questioner : For the seller.
The Shaykh : It belongs to the seller. So if the buyer says, "If I take the excess, then I have the option," the author says he has no option, he has no option. And now, who has the option in this issue, is it the seller or the buyer? The seller, because he is the one upon whom the deficiency falls. It turns out to be one hundred and twenty kilograms, so the seller says, "I will take the excess, so I have the option between taking the excess and rescinding the sale." We say you have no option at all, the excess is yours, so take it. But what is the difference? He says the difference is that land cannot be increased or decreased, meaning if he sold it as one hundred meters and it turned out to be ninety meters, is it possible for him to bring a meter to add to these ninety? It is not possible. But a heap of food, it is possible for him to bring other food of the same type and complete it, and likewise if it increased. But it should be said that if it turns out to be more than the estimated amount and the buyer had an interest in the heap itself, meaning he estimated that this heap would suffice for the guests he has, if the seller wants to take the excess, then in his view it does not suffice for the guests. Do we say that his interest has been lost and so he has the option? We say that according to the previous rule, his interest has been lost, so he has the option, because it decreased, unless the buyer says, "I will complete it for you from the same type," in which case he has no option.
The questioner : If he says.
The Shaykh : If the seller says, if the seller says to the buyer, "I will complete the one hundred kilograms for you from the same type of food," then the buyer has no option, because his interest is what? It is not lost, because his interest has not been lost.
The questioner : Shaykh ... .
The Shaykh : I bought from this heap as if it were one hundred, as if it were one hundred, and in my view it suffices for the guests I have, but it turned out to be one hundred and twenty, and the seller said, "I will take the excess." So the buyer's interest has now been lost, so he has the option. But the school of thought says he has no option, the school of thought says he has no option. No, the example is if it turns out to be less, if it turns out to be less, he bought it as one hundred kilograms and that it suffices for the guests he has, but it turned out to be ninety kilograms. The school of thought says the buyer has no option. Why? Because if the seller brings food of the same type and completes the one hundred, his interest is not lost. But if it is estimated that his interest has been lost because the seller delayed in completing it or brought food of a lower quality than the food that was the subject of the contract, then the buyer has the option. Then the author said.
The questioner : The time for questions has come.
The Shaykh : Has the time for questions come?