in every bottle there is a mudd (a dry measure), and he takes it accordingly without measuring it, then this does not please me, because of his saying to Uthman: "If you have specified the measure, then measure it." It was said to him: "They say that if it is opened, it becomes spoiled." He replied: "Why then do you not open one and weigh the rest?"

Section: If someone measures grain while another looks on, is it permissible for the one who witnessed the measuring to buy it without a second measuring? There are two reports on this, both explicitly stated by Ahmad. One of them is that there is no need for measuring, because he witnessed its measuring, so it is like a case where it was measured for him. The second is that it does need measuring, because it is a sale, so it requires measuring due to the reports and by analogy to the first sale. If the seller measures it for the purchaser, then he buys it from him, the same applies for the reason we mentioned in the previous case. If two people buy grain and measure it, then one of them buys his partner's share before they disperse, Ahmad said in a report by Harb: If they buy a crop or something similar, and they are both present for it and know its measure, and one of them says to his partner, "Sell me your share and I will give you a profit," it is permissible. If this purchaser did not witness the measuring, it is not permissible except by measuring. Ibn Abi Musa said: There is another report on this, that measuring it is essential, and its justification is what has already been mentioned. The Qadi (judge) said: The meaning of measuring in these issues is that one refers back to the word of the person taking possession regarding its quantity if the shortage is slight—such that it would normally occur during measuring—so his word is accepted along with his oath. If the shortage is such that it would not normally occur during measuring, his statement is not accepted, because we are certain of his falsehood, unlike the issues in the previous section, because he did not measure it in his presence. [The manifest view is that he meant the actual measuring by weight or volume, not what the Qadi mentioned. The benefit of regarding the measuring is what the Qadi mentioned, and that it is not permissible for the purchaser to dispose of it, except for what we mentioned in the section before it.] If he sells it to a second party in these situations on the condition that it is a bulk pile (subrah), it is permissible and does not require a second measuring; possession in this case is by moving it, like other bulk piles.

Section: Ahmad said regarding a man who buys walnuts, and he counts a thousand walnuts in a basket, then