than the one from whom he is buying. If that were prohibited, he would have clarified and made it known to him. This is because he sold the genus for something other than it without condition or collusion, so it is permissible, just as if he had sold it to someone else. Also, whatever sales are permissible once are permissible absolutely, like other sales. However, if there is collusion regarding this, it is not permissible and would be a prohibited ruse (hila). Malik held this view as well. Abu Hanifa and al-Shafi'i said: It is permissible as long as it is not stipulated in the contract. Our argument is that if it is by way of collusion, it is a ruse, and ruses are prohibited, as we shall mention.

Section: All ruses are prohibited and are not permissible in any aspect of religion. This is when one manifests a permissible contract while intending thereby a prohibited one, through deception and as a means to commit what Allah has forbidden, to render His prohibitions lawful, to drop an obligation, to repel a right, or the like. Ayyub al-Sakhtiyani said: "They deceive Allah as if they are deceiving a child. If they had approached the matter directly, it would have been easier for me." Among such examples is if a man has ten sound [coins] and another has fifteen broken ones, and each borrows what the other has, then they exchange them, as a means to sell the sound coins for the broken ones with a surplus, or he sells him the sound ones for the equivalent in broken ones and then gifts him the five extra, or he buys from him for ten less one grain of the sound [coins] the like thereof in broken ones, and then buys from him with the remaining grain a garment worth five dinars. Similarly, if he lends him something, or sells him an item for more than its value, or buys an item from him for less than its value as a means to obtain compensation for a loan—every instance of this done by way of a ruse is vile and prohibited. On this, there is