Al-Tirmidhi narrated something similar (13) and said: It is a hasan sahih (good and authentic) hadith. Furthermore, the Prophet (peace and blessings of Allah be upon him) borrowed a camel and returned its equal (14). Our evidence is what Abdullah ibn Umar narrated, that the Prophet (peace and blessings of Allah be upon him) said: "Whoever emancipates a share he has in a slave, the slave shall be valued at a fair price." Agreed upon (15). He ordered valuation (taqwim) for the partner's share because it is destroyed by the emancipation, and he did not order [the payment of] an equal. Additionally, these items are such that their parts are not uniform and their qualities differ, so the price in their case is more equitable and closer to them, and thus it is more appropriate. As for the narration [about the vessel], it is interpreted as permitting that through mutual consent, and he [the Prophet] knew that she [the owner] would be pleased with that.
Section: Anything whose parts are equal and whose qualities are similar, such as dirhams, dinars, grains, and oils, is guaranteed by its equal, without disagreement. Ibn 'Abd al-Barr said: "It is unanimously agreed regarding every foodstuff, whether eaten or drunk, that the one who consumes it is obligated to pay its equal, not its price." As for other things measured by volume or weight, the apparent meaning of Ahmad's words is that they are also guaranteed by their equal; for he said in a narration by Harb,
(13) Narrated by Abu Dawud, in: The Chapter on Whoever Destroys Something Must Pay for Its Equal, from the Book of Transactions. Sunan Abi Dawud 2/267. And al-Tirmidhi, in: The Chapter on What Is Ruled for Whoever Has Something Broken for Him from the Property of the Destroyer, from the Books of Judgments. 'Aridat al-Ahwadhi 6/113. It was also narrated by al-Bukhari, in: The Chapter on If Someone Breaks a Dish or Something Belonging to Another, from the Book of Grievances. Sahih al-Bukhari 3/179. (14) Narrated by Muslim, in: The Chapter on Whoever Borrows Something and Repays with Something Better..., from the Book of Musaqah (Sharecropping). Sahih Muslim 3/1224, 1225. And Abu Dawud, in: The Chapter on Good Repayment, from the Book of Transactions. Sunan Abi Dawud 2/222. And al-Tirmidhi, in: The Chapter on What Has Been Said Regarding Borrowing a Camel..., from the Books of Transactions. 'Aridat al-Ahwadhi 6/56-58. And al-Nasa'i, in: The Chapter on Borrowing Animals, from the Book of Transactions. Al-Mujtaba 7/256. And Ibn Majah, in: The Chapter on Salam (Forward Sale) in Animals, from the Book of Trade. Sunan Ibn Majah 2/767. And al-Darimi, in: The Chapter on the Concession Regarding Borrowing Animals, from the Book of Transactions. Sunan al-Darimi 2/254. And Imam Malik, in: The Chapter on What Is Permissible in Loans, from the Book of Transactions. Al-Muwatta 2/680. And Imam Ahmad, in: The Musnad 6/390. (15) Narrated by al-Bukhari, in: The Chapter on Valuing Items Between Partners at a Fair Price, and The Chapter on Partnership in Slaves, from the Book of Partnership; and in: The Chapter on If One Emancipates a Slave Owned by Two People, and The Chapter on If One Emancipates a Share in a Slave..., from the Book of Manumission. Sahih al-Bukhari 3/182, 184, 185, 189, 190. And Muslim, in: The Beginning of the Book of Manumission, and in: The Chapter on Whoever Emancipates a Share He Has in a Slave, from the Book of Oaths. Sahih Muslim 2/1139, 1140, 3/1286, 1287. It was also narrated by Abu Dawud, in: The Chapter on Whoever Emancipates His Share of a Slave, The Chapter on Whoever Mentioned the Sa'aya (Service Requirement) in This Hadith, and The Chapter on Whoever Narrated That No Service Is Required, from the Book of Manumission. Sunan Abi Dawud 2/348-350. And al-Tirmidhi, in: The Chapter on What Has Been Said Regarding a Slave Owned by Two Men where one Emancipates His Share, from the Books of Judgments. 'Aridat al-Ahwadhi 6/92-94. And al-Nasa'i, in: The Chapter on Partnership Without Property, and The Chapter on Partnership in Slaves, from the Book of Transactions. Al-Mujtaba 7/280, 281. And Ibn Majah, in: The Chapter on Whoever Emancipates a Share He Has in a Slave, from the Book of Manumission. Sunan Ibn Majah 2/844. And Imam Ahmad, in: The Musnad 2/2, 15, 4/37.
