and the inclusion (14) of drawing lots therein, its binding nature, and the possibility of being compelled to do so. Furthermore, it does not require a verbal formula of sale or transfer of ownership, it is not subject to an option of rescission, it is not permissible except in accordance with the exact value of the two rights, nor is the right of pre-emption (shuf'a) established in it, and it is distinguished by a specific name. The divergence of rulings and names is evidence of the difference between the two [partition and sale]. It has been narrated from Ibn Abbas that he said: "The Companions, may Allah be pleased with them, divided the spoils of war using al-hajaf (15)." That was the measurement of the values in the presence of a large group of them, and it spread among the rest of them without being denounced, so it became an established consensus based on what we have stated.

Section: Regarding the knowledge of measured and weighed items, the reference for this is the custom in the Hijaz during the era of the Prophet, peace and blessings be upon him, and this is the opinion of al-Shafi'i. It is narrated from Abu Hanifa that the consideration is based on the custom of every city. Our evidence is what Abdullah ibn Umar narrated from the Prophet, peace and blessings be upon him, that he said: "The measure is the measure of Medina, and the weight is the weight of Mecca (16)." The speech of the Prophet, peace and blessings be upon him, is to be understood as a clarification of legal rulings, because whatever was considered a measured item in the Hijaz during the time of the Prophet, peace and blessings be upon him, the prohibition regarding disparity in measurement applied to it, and it is not permissible for that to change subsequently. The same applies to weighed items. As for items that have no established custom in the Hijaz, there are two views: One is that they are referred to the closest things resembling them in the Hijaz, just as new occurrences are referred to the most similar items for which there is a legal text, and this is analogy. The second is that their custom in their own location is considered. If there is no specific limit in the Sharia, the reference is to custom, such as taking possession, safekeeping (17), and separation, and this is the opinion of Abu Hanifa. Based on this, if the regions differ, the prevailing custom is to be considered; if there is no prevailing custom, this view is invalidated, and the first view becomes mandatory. The school of al-Shafi'i adheres to these two views. Thus, wheat and barley are measured items.