mentioned. It has been narrated from Ali, may Allah be pleased with him, that he hired himself out for every bucket for a date, and he came to the Prophet (may Allah's peace and blessings be upon him) with the dates.
Section: If he says, "I sold you a qafiz from this heap," or says, "ten qafizes," while they both know that it is more than that, it is valid. It was narrated from Dawud that it is not valid, because it is neither witnessed nor described. Our evidence is that the sold item is a measured and known amount from a whole whose sale is valid, similar to if he sold half of it. What he [Dawud] mentioned is analogy, and he does not use analogy as a proof; furthermore, it is not valid, for if he has witnessed the whole, he has witnessed the sold item, because it is a part of it.
Section: If he says, "I sold you from this heap every qafiz for a dirham," it is not valid, because "min" (from) is for partiality (tab'id), and "kull" (every) is for the count, so that count from it becomes unknown. [It is possible that the sale is valid, as it is valid in leasing, where every bucket is for a date, and every month is for a dirham.] If he says, "I sold you this other heap for ten dirhams on the condition that I increase you by a qafiz, or decrease you by a qafiz," it is not valid, because he does not know whether he will increase him or decrease him. If he says, "on the condition that I increase you a qafiz," it is not permissible, because the qafiz is unknown. If he says, "I will increase you a qafiz from this other heap," or describes it with a trait by which it is known, it is valid, because its meaning is: "I sold you this one, and a qafiz from this other one for ten dirhams." If he says, "on the condition that I decrease you a qafiz," it is not valid, because its meaning is: "I sold you this heap except for one qafiz, every qafiz for a dirham, and an unknown thing." If he says, "I sold you this heap, every qafiz for a dirham, on the condition that I increase you a qafiz from this other heap," it is not valid, because it leads to ignorance of the price in detail, for it becomes a qafiz and something for a dirham, and they do not know the "something," due to their lack of knowledge regarding the quantity of qafizes in the heap.
(3) Recorded by Ibn Majah, in: The Chapter of the Man Who Works for Every Bucket for a Date and Stipulates a Leather Bucket, from the Book of Pledges (al-Ruhun). Sunan Ibn Majah 2/818. (4) Omitted from the original. (5) Omitted from the original.