are not reported as part of the price in any case, although if he informs [the buyer] of the situation as it actually is, it is acceptable.

Section: If he purchases two items in one transaction and then wishes to sell one of them by way of murabaha, or if two people purchase an item and then divide it between them, and one of them wishes to sell his share by way of murabaha at the price he paid for it, this consists of two divisions:

The first is that the item sold is among those of distinct value (mutaqawwamat) for which the price cannot be divided by parts, such as garments, animals, fruit-bearing trees, and the like. It is not permissible to sell a portion of this by way of murabaha until he informs [the buyer] of the situation as it actually is. Ahmad stipulated this, stating: "If a group purchases any item and then divides it among themselves, none of them may sell it by way of murabaha unless he says: 'We purchased it as a group, then we divided it.'" This is the school of al-Thawri, Ishaq, and the People of Reason (Ahl al-Ra'y). Al-Shafi'i said: It is permissible to sell it based on its share of the price, because the price is divided among the items sold according to their value. This is evidenced by the fact that if the items sold were a share of property and a sword, the pre-emptor (shafi') would take the share of property based on its portion of the price. Furthermore, if he purchased two items and found one of them to be defective, he could return it based on its share of the price. Ibn Abi Musa mentioned, regarding what two people purchase and then divide, another narration from Ahmad that it is permissible to sell it by way of murabaha for the price for which he purchased it, because that is its price and he is being truthful in what he reported. Our argument is that the division of the price upon the sold item is a method based on estimation and conjecture, and the possibility of error in it is significant. Murabaha sale is a fiduciary transaction (amanah), so this is not permitted within it; it becomes like the estimation (khars) resulting from conjecture, which is not permitted to be sold where equivalence is required. The pre-emptor takes it at the valuation only out of necessary demand, and because he has no other path but valuation, and because if he did not take it by pre-emption, people would use it as a method to nullify it, leading to its complete forfeiture. Here, however, he has a path, which is to inform [the buyer] of the situation as it is, or to sell it by bargaining.