with it is something else, or if each of the two contains something of a different genus. For Muhanna reported from Ahmad regarding the sale of butter for milk, that it is permissible if the pure butter is more than the butter contained in the milk. Harb narrated, saying: I said to Ahmad: I gave a Kufan dinar and a dirham, and I took a Syrian dinar; their weights are equal, but the Kufan one is of lower value? He said: It is not permissible, unless he decreases the dinar, then gives him silver for its equivalent. Muhammad ibn Abi Harb al-Jarjara'i narrated the same from him. Al-Maymuni narrated that he asked him: Should one not buy a sword or a belt until he separates them? He replied: He should not buy them until he separates them, although this is easier than that, because he might buy one of the two types with the other while separating it. It contains something other than the type being bought with it, and this is considered part of the price. However, those who hold to the apparent meaning of the necklace [hadith] say he should not buy it until he separates it. It was said to him: What do you say? He replied: This is a matter for consideration. Abu Dawud said: I heard Ahmad asked about Musayyibiyya dirhams—some of which are yellow and some are silver—for [other] dirhams? He said: I do not say anything about it. Abu Bakr said: Fifteen people narrated this issue from Abu 'Abd Allah, and they all agreed that it is not permissible until he separates [the components], except for al-Maymuni. Muhanna reported another statement. Hammad ibn Abi Sulayman and Abu Hanifa said: It is permissible. This all applies when the individual item is greater than the one that has something else with it, or when each of the two contains something of a different genus. Al-Hasan said: There is no harm in selling an adorned sword for silver in exchange for dirhams. Al-Sha'bi and al-Nakha'i also held this view. Those who permitted this argued that if a contract can be interpreted as valid, it should not be interpreted as invalid, for if one buys meat from a butcher, it is permissible despite the possibility that it might be carrion; however, it must be assumed that it was slaughtered properly to validate the contract. Similarly, if one buys something from a person, it is permissible despite the possibility that it might not be his property, nor does he have permission to sell it, also to validate the contract.
(9) In M, there is an addition: "that". (10) Ibn Abi Ya'la wrote a biography of him in Tabaqat al-Hanabila 1/331. In the printed version, it says: "Muhammad ibn al-Naqib ibn Abi Harb," and he said, quoting al-Khallal: Ahmad used to correspond with him and knew his worth; he had with him comprehensive questions from Abu 'Abd Allah that I had heard from him. (11) In the original: "he separates". (12) In the original: "al-Musayyibta". Al-Musayyibiyya: dirhams from the Islamic coinage, mostly gold except for some silver in them. Mu'jam al-Buldan 1/519; Masa'il al-Imam Ahmad by Abu Dawud 195, 196; Al-Nuqud al-'Arabiyya by al-Karmali 150.