The second division is that the item sold is among those of identical units where the price is divisible by parts, such as wheat and barley of equal quality. It is permissible to sell a portion of this by way of murabaha according to its share of the price. This is the opinion of Abu Thawr and the People of Reason (Ahl al-Ra'y), and we know of no disagreement regarding it, because the price of the part is known with certainty; for this reason, it is permissible to sell a qafiz from a heap. If he enters into a salam contract for two garments of the same description and receives them according to that description, and he wishes to sell one of them by way of murabaha at its share of the price, the qiyas (legal analogy) dictates its permissibility, because the price is divided between them in halves, not based on value. Likewise, if he were granted a cancellation (iqala) on one of them, or if the delivery of one became impossible, he would be entitled to half the price without regard to the value of the one taken from the two; thus, it is as if he had taken each one of them separately. This is because the price was applied to them equally due to the equality of their descriptions in liability; therefore, they are like two qafiz from a heap. If one of them happens to have an increase in quality, it is treated as a matter that occurred after the sale.

Section: If he purchases an item for a deferred price, it is not permissible to sell it by way of murabaha until he clarifies that. If he purchases it from his father, his son, or from someone whose testimony for him would not be accepted, it is not permissible to sell it by way of murabaha until he clarifies his situation. This is the opinion of Abu Hanifa. Al-Shafi'i, Abu Yusuf, and Muhammad said: It is permissible without clarification, because he is reporting that which he purchased via a valid contract, so it resembles the case where he purchases it from a stranger. Our argument is that he is viewed with suspicion regarding the purchase from them because he might favor them and be lenient with them; therefore, it is not permitted for him to report what he purchased from them unconditionally, just as if he had purchased from his mukatab (an enslaved person with a contract of manumission). It differs from the case of a stranger, as he is not viewed with suspicion regarding him. Their analogy is invalidated by the purchase from his mukatab, for it is not permissible for him to sell what he purchased from his mukatab by way of murabaha until he clarifies his situation, and we know of no disagreement on this. If he purchased it from his free shop-boy, the Qadi said: If he sold him an item, then purchased it from him for more than that, it is not permissible to sell it by way of murabaha until he clarifies [his situation, and we know of no disagreement on this]. This is because he is viewed with suspicion regarding him, so he resembles one whose testimony for him is not accepted. Abu al-Khattab said: If he did that as a ruse, it is not permissible.