except by measuring it. So when he measures it and finds it to be the amount of his right, he takes it; and if it is in excess, he returns the excess; and if it is deficient, he takes it for its proportionate share of the price. Does he have the option of cancellation if he finds it deficient? There are two views. One of them is that he has the option; this is the school of Al-Shafi'i, because he found the sold item deficient, so he has the right to cancellation, just like [items] other than the heap, and like a deficiency in a quality. The second is that he has no option, because a deficiency in quantity is not a defect in what remains of the measure, unlike [the case of] other items.
Section: If he sells fats in their containers in bulk, having seen them, it is permissible because their parts do not differ; thus it is like the heap. The same rule applies to honey, date syrup (dibs), vinegar, and other liquids that do not differ. If he sells him every ratl for a dirham, or sells him a ratl of it, or a specific number of ratls while knowing that there is more than that in it, or sells him an undivided share or shares, or sells it to him along with the container for ten dirhams or for a known price, it is permissible. If he sells him the ghee and the container, each ratl for a dirham, and they both know the amount of each of them, it is valid because the sold item and the price have been determined. If they do not know that, it is also permissible because he has consented to buy the container—each ratl for a dirham—and what is inside it likewise, so it is like if he bought two containers, one containing ghee and the other oil, each ratl for a dirham. The Qadi said: It is not valid, because the weight of the container increases and decreases, so he enters into uncertainty (gharar). The first [view] is more correct, because the sale of each of them individually is valid for that reason. Thus, it is the same if he combines them, like land with varying parts, garments, and other things. As for if he sells him each ratl for a dirham on the condition that he weighs the container and calculates it against him as part of its weight, and it is not considered sold, while they both know the weight of each, it is valid, because when he knows the fat is ten and the container is a ratl, its meaning is: "I have sold you ten ratls for twelve dirhams." And if they do not know the weight of the container
(21) In the original: "ajza'ahu" (its parts). (22) Omitted from M. (23) In the original: "kadhalik" (likewise). (24) In the copies, there is an addition: "an" (that). (25) Omitted from the original.
