Discussion of the hadith: (If the types differ, sell as you wish)

The Shaykh : The addition, glory be to Allah, I was supposed to review it today. What is the addition he mentioned at the end of the hadith? Do you remember when he discussed it with me?
The student : Yes, yes, by Allah, I do not remember, O Shaykh.

The Shaykh : I want to make sure this addition exists: .
The student : By Allah, I do not remember, O Shaykh.

The Shaykh : Okay, do you have the tape?
The student : No, by Allah, unfortunately, it is with Abu Layla.Abu Layla : Of course.

The Shaykh : You were not recording.
The student : I did not have the recorder with me, no.

The Shaykh : Yes.
The student : I forgot, glory be to Allah, and we yesterday... yes.

The Shaykh : But the issue that Abu Hazim raised based on this addition requires reconsidering the addition.
The student: Yes.

The Shaykh : I think you have no issue with this.
The student : Of course, there is no issue.

The Shaykh : Okay, so the issue is in the case where the types differ.
The student : Likewise, yes.

The Shaykh : Is that not so?
The student : Likewise, O my Shaykh, yes.

The Shaykh : Okay, what is the issue with ? In other words, if I understand the hadith as follows.
The student : Yes, the issue, my Shaykh, is that...

The Shaykh : I wanted to say.
The student : Ah, go on, my Shaykh, yes.

The Shaykh : A kilo of silver for a kilo of silver, and this is silver and this is silver, but let us assume that this silver is from such-and-such a country and is more acceptable due to its whiteness, for example.
The student : Very good.

The Shaykh : And the second silver does not have that whiteness.
The student: Yes.

The Shaykh : So, is it permissible to weigh the difference between them? The answer is no. Rather, more than that, let us call the silver, using commercial terminology, adulterated, meaning it contains a quantity of copper.
The student: Yes.

The Shaykh : And this is not a condition that it must be adulterated.
The student : It may be for the benefit.

The Shaykh : Benefit.
The student: Yes.

The Shaykh : So we say, in reality, this silver is adulterated and this silver is not adulterated.
The student: Yes.

The Shaykh : This is a kilo and this is a kilo; is it permissible to take the difference, meaning we add to this kilo and this kilo? Here you fulfill the saying of the Messenger: . So when one gives the other the difference of the copper present in one of the two lumps, logically and rationally, this difference must be calculated.
The student: Yes.

The Shaykh : Legally, it is not permissible: . And the evidence for this is the story of the sa' of good dates for two sa' of bad dates.
The student: Yes.

The Shaykh : The intellect says, what is this called? There is a difference in price. Okay, so the Messenger—we did not mention the end of the hadith yesterday—the Messenger said: sell the good dates and buy whatever you wish of the bad dates, or sell the bad dates and buy whatever you wish of the good dates.
The student : Fine, yes.

The Shaykh : This is the requirement now. In the example of the silver we are discussing, what do you have? A kilo of pure silver, yes, sell it and buy the silver you want, which is mixed with copper.
The student: Yes.

The Shaykh : This is clear.
The student : Clear, O my Shaykh, yes.

The Shaykh : This is with regard to his saying: .
The student: Perfect.

The Shaykh : Okay, the same image, or let us make it more specific: two silver lumps of the same type and the same whiteness. Zayd comes to buy it. I say to him: I bought this piece from you on the condition that I give you its price from a piece I have at home. Is this permissible? It must be what?
The student : Hand to hand.

The Shaykh : Hand to hand.
The student : Very good.

The Shaykh : We are done.
The student: Yes.

The Shaykh: So, and by that, draw the analogy.
The student: Yes.

The Shaykh : You want good dates. How much is this kilo? I say to him: the kilo is such-and-such. I say to him: I have the same at home, I will give you the same. No, hand to hand, and so on.
The student: Yes.

The Shaykh : I think up to here it is clear what the meaning of is? Is that okay?
The student : Okay.

The Shaykh : Okay, what is the issue?

The questioner : Okay, this clarification now, what Allah willed, has relieved me of many questions that were in my mind. Yes.

The questioner : The issue or the scenario that Abu Hazim mentioned, and perhaps it caused some of the issue, is the matter of the grapes, that they are recorded and not recorded. Do you remember, my Shaykh, the detail that Abu Hazim mentioned?

The Shaykh : My brother, yes, but I told him this needs study. Do you remember?

The questioner : Yes, yes.

The Shaykh : It needs study and re-examination.

The questioner : Review, yes.

The Shaykh : Because he put an addition at the end of the hadith, which is: , . So I now want to make sure of this addition. Is "hand to hand" present in the beginning of the hadith? Does it need review...?

The questioner: Yes.