for it is a sale taking place immediately, so whatever they mutually agree upon is permissible if the genus differs, just as if the consideration were a commodity. The rationale for the first view is the saying of the Prophet (peace be upon him): "There is no harm in taking them at the price of their day." It is narrated from Ibn Umar that Bakr ibn Abd Allah al-Muzani and Masruq al-Ajali asked him about a carrier (14) of theirs who was owed dirhams by them, while they had nothing but dinars. Ibn Umar said: "Give him [payment] at the market price." This is because this proceeds in the manner of settlement (qada'), so it is restricted (15) to the equivalent, just as if he had paid him from the same genus; equivalence here is in terms of value, because equivalence in terms of form is impossible. It was said to Abu Abd Allah: "The people of the market tolerate differences between themselves of a daniq in a dinar and the like?" He replied: "If it is of the sort that people tolerate, then it is easy, provided it is not a trick and there is no significant excess."

Section: If the payment due which is in the liability (dhimmah) is deferred, Ahmad held a reserved stance regarding it. The Qadi said: "It admits two positions; one of them is prohibition, which is the opinion of Malik and the more famous of the two opinions of al-Shafi'i, because what is in the liability is not yet entitled to be taken, so the taking is immediate in one of them, and the immediate [payment] takes a portion of the price. The other is permissibility, which is the opinion of Abu Hanifah, because it is established in the liability, in the position of that which is possessed, so it is as if he agreed to hasten the deferred [payment]." The correct view is permissibility if he pays him at the price of their day and does not grant the creditor an excess due to the deferment of what is in the liability; because if he does not decrease the amount from its price, he has accepted the hastening of what is in the liability without compensation, so it is similar to if he had paid him from the genus of the debt. The Prophet (peace be upon him) did not ask Ibn Umar for details when he asked him, and had the situation been different, he would have inquired and demanded details.

Section: Ahmad said: If a man has ten dirhams owed by another man, and he hands him a dinar saying, "Fulfill your right from it," and he fulfills it after two days, it is permissible. If he owes him dinars and he appoints his debtor as an agent to sell his house and fulfill his right from its price, and he sells it for dirhams, it is not permissible for him to