its meaning is taking possession; the evidence being that this is what is intended by it in the case of gold and silver. For this reason, Umar interpreted it as such. Furthermore, they are two items of property from the Riba-subjected assets whose effective cause is the same, therefore separating before taking possession is forbidden between them, just as in the case of gold for silver. As for when their effective causes differ—such as a measured item for a weighed item, according to those who designate the effective cause based on these two categories—Abu al-Khattab stated: It is permissible to separate before taking possession, according to a single narration, because their effective causes differ; thus, separating before taking possession is permissible, just as in the case of a price for a priced item. This is the opinion of al-Shafi'i, except that he does not conceive of this occurring except in the sale of currencies for other than them. Al-Khiraqi's statement potentially implies the obligation of taking possession in all circumstances, due to his saying: "hand to hand" (40).

706 - Issue; He said: (And whatever is of items that are neither measured nor weighed, it is permissible to sell them with variation in quantity hand to hand, but it is not permissible on credit).

There is a difference of opinion in the narration regarding the prohibition of nisa' (delay in delivery) in items other than those that are measured or weighed, totaling four narrations: The first is that nisa' is not prohibited in any of that, whether sold for its own type or another, in equal or unequal amounts, except according to our view that the effective cause is edibility (ta'm). Thus, nisa' is prohibited in edible items and is not prohibited in others. This is the school of al-Shafi'i. The Qadi chose this narration due to what Abu Dawud narrated (1) from Abdullah ibn Amr, that the Messenger of Allah (peace and blessings of Allah be upon him) ordered him to equip an army, and the camels ran out. He ordered him to take from the young camels of the Sadaqah (charity), so he would take one camel for two camels on credit against the camels of the Sadaqah (3). Sa'id also narrated in his Sunan from Abu Ma'shar, from Salih ibn Kaysan, from al-Hasan ibn Muhammad, that Ali sold a camel of his, known as 'Usayfir, for four camels