712 - Issue: He said: "It is not permissible to sell some of it for some of it while moist. It is permissible when its drying is complete, like for like."
Al-Khiraqi chose that some of it cannot be sold for some of it except in the state of its dryness and the passing of all its moisture. This is the school of al-Shafi'i. Abu Hafs went towards this in his "Sharh" (Commentary). Al-Qadi said: The school (Madhab) is that it is permissible to sell it, and he (Ahmad) explicitly stated this. His statement regarding dates (rutab) for dates (rutab) permitting the sale draws attention to the permissibility of selling meat for meat, since meat, in its state of perfection and maximum benefit, is in its moist state rather than its dry state, so it follows the status of milk, unlike dates; for their state of perfection and maximum benefit is in their dry state. If sale is permissible in that (dates), then it is more appropriate for meat. Furthermore, because he intended equality in both in the current state in a manner that neither of them is uniquely characterized by a deficiency, it is permissible like selling milk for milk. As for selling its moist [part] for its dried [part], or its raw [part] for its cooked or roasted [part], it is not permissible, because one of them is uniquely characterized by a deficiency in the second case, so it is not permitted, like dates for dried dates (tamr).
Section: Al-Qadi said: It is not permissible to sell some of it for some of it except with the bones removed, just as it is not permissible to sell honey for honey except after straining. This is one of the two opinions of the companions of al-Shafi'i. The words of Ahmad, may Allah have mercy on him, imply permissibility without removing its bones or drying it. He said in the narration of Hanbal: When it comes to weight, like for like, a ritl for a ritl. He spoke generally and did not stipulate anything. This is because the bone is a follower of the meat by original creation, so he did not stipulate its removal, like the pit in a date. It differs from honey, in that the mixing of wax with honey is an act of the bees, not by original creation.
Section: Meat and fat are two distinct genera. The liver is one category. [The spleen is one category].
(1) Omitted from the original (al-Asl). (2) In the original: "meat for meat". (3) In [M]: "he found" (wajada). (4) Omitted from the original (al-Asl).
