are equal in the intended component and in other aspects, and it does not lead to disparity (tafadul) through distribution by value, because the adulteration is not intended, so it is as if it has no value.
Section: If one gives him a dirham and says: "Give me for half of this dirham half a dirham, and for its [other] half, fulus (copper coins) or another item," it is permissible because he purchased a half for a half, and they are equal, so it is valid, just as if he had given him two dirhams and said: "Sell me for this dirham fulus, and give me for the other two halves." If he says: "Give me for this dirham a half and fulus," it is also permissible because that is its meaning, and because that does not lead to disparity through distribution by value; for the value of the half that is in the dirham is certainly equal to the value of the half that is with the fulus, and the value of the fulus is equal to the value of the other half.
Section: Anything that comprises two genera by its original nature—such as dates that include the pit and what is upon it, or an animal that includes meat, fat, and other things, and similar items—when it is exchanged for its like, its sale is permissible, and no regard is given to what is inside it, for the Prophet (peace and blessings of Allah be upon him) permitted the sale of dates for dates, and an animal for an animal, even though he knew they both contained what they contained. If one sells that for a species not intended within it, such as selling dates that contain pits for pits, there are two narrations from Ahmad, which we have already mentioned. As for honey before it is refined, our companions said: It is not permissible to sell some of it for others because it comprises honey and wax, which is by the act of the bees, so it resembles the decorated sword.
Section: Usury is prohibited in the Abode of War (Dar al-Harb) just as it is prohibited in the Abode of Islam (Dar al-Islam). This is the opinion of Malik, al-Awza'i, Abu Yusuf, al-Shafi'i, and Ishaq. Abu Hanifa said: Usury does not apply
(23) Its source was previously cited on page 54. (24) Its source was previously cited on page 65. (25) In manuscript M: "ishtimaluha" (its inclusion).
