with the statement of Ikrima, and he said: He lied. Abdullah ibn Abbas said: Whatever you sell from things that are measured by a measure, do not take anything in exchange for it that is also measured by a measure, unless it is silver or gold. Once you have received your silver, buy from whoever you wish—from him or from someone else. I returned, and Ikrima was looking for me, and he said: What I told you is lawful; it is not forbidden. I said to Said ibn al-Musayyab: If there is a surplus left for me with him? He said: You give him the difference (al-kasr) and take the dirham from him. The reasoning for this is that it is a pretext for selling food for food on credit, so it is prohibited, just like the issue of inah. According to this, for any two items in which delay (nisa') is prohibited, it is not permissible for one of them to be taken as compensation for the other before receiving its price, if the sale is on credit. Ahmad has explicitly stated what points to this, as did Said ibn al-Musayyab in what we narrated from him. The position that is stronger in my view is the permissibility of this if he does not do it as a ruse and does not intend it at the inception of the contract, as Ali ibn al-Husayn said in what Abdullah ibn Zayd narrates from him: I came to Ali ibn al-Husayn and said to him: I harvest my palm trees and sell the dates to those present with me on credit. Then they arrive with wheat, and the deadline has passed, so they offer it in the market, and I buy from them and settle accounts with them. He said: There is no harm in that, as long as it was not based on a prior intent of yours. This is because he bought the food with the dirhams that were in the liability [of the buyer] after the conclusion of the contract and its initial binding nature, so it is valid—just as if the original sold item was an animal or garments. As for what we mentioned in the section before this, he did not take food in exchange for the price; rather, he bought food from the buyer with dirhams and handed them over to him, then took them back from him as payment—or he did not hand them over to him, but settled the debt with them, as in the narration of Ali ibn al-Husayn.
750 - Issue: He said: (Whoever sells an animal or anything else with an acquittal from every defect, he is not acquitted, regardless of whether the seller knew of it or not.)
The narration from Ahmad differs regarding acquittal from defects. It was narrated from him that one is not acquitted unless
(11) Omitted from the original. (12) In [Manuscript] M: "inbiramihi" (its conclusion).