the other, they become two genera, and their ruling is that of two original, distinct genera.

Section: Regarding the sale of dates for dates and their derivatives: it is permissible to sell dates for dates by measure without disagreement, whether they are equal in quality or inferiority, and whether they are compressible in the measure or differ in that. It was said to Ahmad: "A sa‘ of dates for a sa‘ of dates, and one of the two dates takes up more space in the measure?" He replied: "It is only a sa‘ for a sa‘." This is due to the statement of the Prophet, peace and blessings be upon him: "Dates for dates are to be by measure for measure," then he said: "Whoever gives more or asks for more has engaged in usury (9)." If each of them contains its pits, it is permissible to sell them equally without disagreement, because the Prophet, peace and blessings be upon him, knew that dates contain pits. If the pits were removed from each of them, it is also permissible. The companions of Al-Shafi‘i said: It is not permitted in one of the two views, because they were not equal in the state of perfection, and because it settles unevenly in the measure. Our position is the statement of the Prophet, peace and blessings be upon him: "Dates for dates are to be by measure for measure." Also, they are equal in condition in a way that neither of them is uniquely deficient, so it is permitted, just as if each of them contained its pits. It is permissible to sell pits for pits by measure for this reason. If one sells dates that have been pitted for dates that contain their pits, it is not permissible because one of them contains that which is not of its genus, unlike the other. If one removes the pits, then sells the pits and the dates for pits and dates, it is not permissible because the state of subordination is removed by their separation, so it becomes (10) like selling dates and wheat for dates and wheat. If one sells pits for pitted dates, it is permissible both with excess and equally, because they are two [different] genera. If one sells pits for dates that contain their pits, there are two narrations: it is forbidden in the narration of Muhanna and Ahmad ibn al-Qasim, because the date [containing the pit] is [partially] pit, so it becomes like a mudd of ‘ajwah (pressed dates), and like if one sold dates containing their pits for pitted dates. It is permitted in the narration of Ibn Mansur, because the pit in the date is not intended [for the food value], and for this reason, it is permissible to sell dates for dates when each of them contains its pits. This becomes like selling a house whose ceiling is gilded with gold (11).