And it is permissible when its drying is complete, [by] like for like. The implication of al-Khiraqi's words here is the permissibility of that, because the implication of his prohibition - peace be upon him - regarding the sale of dates for dates is the permissibility of selling each of them for its like, and because they are equal in condition in a manner where neither is exclusively prone to decrease, so it is permissible, like the sale of milk for milk, and dates for dates. Furthermore, because His saying - the Almighty -: {And Allah has permitted trade} (9) is general, from which the specified case has been excluded, which is the sale of dates for dates, and this is not in its meaning; thus, it remains upon its generality. What he mentioned [the opposing view] is not correct, for the disparity is significant, and one of them is exclusively prone to decrease, unlike our [current] issue. There is no harm in selling new [harvest] for old, because the disparity in that is slight and it is not possible to regulate it, so it is pardoned (10).

708 - Issue: He said: "And that which is fundamentally [sold by] measure may not be sold for something of its own genus by weight, nor that which is fundamentally [sold by] weight by measure."

There is no disagreement among the scholars regarding the obligation of equality in the sale of commodities in which disparity is prohibited, and that the equality considered is equality in measured items by measure and in weighed items by weight. Whenever this equality is realized, their difference in other respects does not matter. But if it is not found, the sale is not valid, even if they are equal in other respects. This is the opinion of Abu Hanifah, al-Shafi'i, and the majority of scholars; we know of no one who differed with them except Malik, who said: It is permissible to sell weighed items for each other by estimation (juzaf). We hold as evidence the saying of the Prophet - may God bless him and grant him peace -: "Gold for gold by weight for weight, silver for silver by weight for weight, wheat for wheat by measure for measure, and barley for barley by measure for measure." Narrated by al-Athram (1) in the hadith of 'Ubadah, and narrated by Abu Dawud (2), and its wording is: "Wheat for wheat is a mudy (3)