Section: If he sells it for a dīnār except for a dirham, or except for a qafīz of wheat or barley, the sale is not valid, because he intended to remove the amount of the exception from that from which the exception is made, and the amount of that is unknown, so the price becomes unknown. 730 - Issue: He said: (And if he buys the fruit without the tree, and it is destroyed by a disaster [jāʾiḥa] from the sky, he returns with it upon the seller). The discussion on this issue is in three sections: The first is that what the disaster destroys of the fruits is from the liability of the seller. This was stated by most of the people of Medina, among them Yaḥyā ibn Saʿīd al-Anṣārī, Mālik, Abū ʿUbayd, and a group of the people of hadith. This was also stated by al-Shāfiʿī in the old [opinion]. Abū Ḥanīfa and al-Shāfiʿī in the new [opinion] said: It is from the liability of the buyer, because of what was narrated that a woman came to the Prophet (may Allah bless him and grant him peace) and said: My son bought fruit from so-and-so, and the disaster destroyed it, so he asked him to remit [part of the price] for him, but he swore that he would not do it. The Prophet (may Allah bless him and grant him peace) said: "So-and-so swore that he would not do good." Agreed upon. If it were obligatory, he would have compelled him to do it, because the handing over [takhlīya] is what the validity of disposal is linked to, so liability is linked to it, like transport and transfer, and because he is not liable for it if a human destroys it, likewise he is not liable for it by the destruction of others. Our evidence is what Muslim narrated in his "Ṣaḥīḥ" from Jābir, that the Prophet (may Allah bless him and grant him peace) commanded the remission of disasters [waḍʿ al-jawāʾiḥ]. And from him, he said: The Messenger of Allah (may Allah bless him and grant him peace) said: "If you sell to