Ceci est la partie 10 sur 22 de « The Book of Livelihood and Commerce (al-Ma'isha) », livre 18 de Al-Kafi — Hadith 8 756–8 805. Le livre est suffisamment long pour être divisé en 22 pages afin que chacune se charge rapidement ; les parties se suivent dans l'ordre et sont liées au bas de la page.
8. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn from al-Qasim ibn Muhammad al-Jawhariy from Ali ibn abu Hamzah who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who buys a garden with palm trees and trees in it of which certain ones have become edible and others are not edible yet. He (the Imam) said, ‘It is not harmful when there are edible ones.’ I then asked him (the Imam) about the case of a man who buys a garden with palm trees in it which does not have anything yet except green dates. He (the Imam) said, ‘No, until they Yazhu.’ I then asked, ‘What is yazhu?’ He (the Imam) said, ‘It is when their color changes.’”
9. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Safwan ibn Yahya from Ya’qub ibn Shu’ayb who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man whom I gave twenty dinar for his fruits saying that when your fruits become fruits these dinars are payments, if then I will like I will take the fruits, and if I will not like I will not take them. He (the Imam) said, ‘You cannot give him or stipulate for anything.’ I said, ‘I pray to Allah to keep my soul in service for your cause, he does not say anything and Allah knows his intention.’ He (the Imam) said, ‘It is not valid if it is in his intention (the merchandise must exist).”’
10. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “This is about the case of a man who says to another man, ‘Sell to me fruits of your palm tree for two Qafiz (a certain measurement) of dates or less or more...’ specifying the amount as he likes and he sells it. He (the Imam) said, ‘It is not harmful. 5 He (the Imam) said, ‘Dates and half ripe dates of a palm tree are the same and it is not harmful. Mixing old dates and half ripe fresh dates is not valid and so also is true for raisins and grapes.’”
11. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from Mu‘awiyah ibn Muyassir who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about selling palm trees for two years. He (the Imam) said, ‘It is not harmful.’ I then asked if fresh dates can be sold in the form of one or several pickings fresh from the trees each time they ripen. He (the Imam) said, ‘It is not harmful.’ He (the Imam) then said, ‘My father would sell the plant of henna in the manner of several harvests.’”
12. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from more than one person from Aban ibn ‘Uthman from Yahya ibn abu al-‘Ala’ who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If one sells palm trees which are pollinated, the fruit then belongs to the seller unless the buyer has stipulated otherwise. This is how the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, judged a case.’”
13. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “About the case of buying fruits, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘When it becomes something buying it is not harmful.’”
14. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from Muhammad ibn Yahya from Ghiyath ibn Ibrahim who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin has said, ‘If one sells palm trees which he has pollinated, its dates belong to the seller unless the buyer stipulates otherwise. Ali, ‘Alayhi al-Salam, then said that this is how the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, judged a case.’”
15. Ali ibn Ibrahim has narrated from his father from ‘Isma’il ibn Marrar from Yunus who has said the following: “The explanation of the words of the Holy Prophet, ‘People of the city must not sell to the people of countryside’ is that fruits and all kinds of grains which are transported from countryside to the market place, it (their sale) then is not permissible for the people of the market place to buy such items from them to sell to the people. The transporting ones from the countryside and wilderness must sell them. However, those who transport such items from one city to another city can sell them because it is like trading.’”
16. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from Ibrahim al-Karkhiy who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, that I had sold palm trees each for such and such number of dirham. The palm trees had fruits on them. The buyer then sold them to another man for a certain amount of profit but he had not paid me anything and had not received any delivery from me. He (the Imam) said, Tt is not harmful. Had he not taken responsibility for payment? 5 I replied, ‘Yes, he had done so. He (the Imam) said, ‘The profit then belongs to him. 5 ”
17. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Muhammad ibn ‘Abd Allah ibn Hilal from ‘Uqbah ibn Khalid who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, had judged that the fruits of the palm trees pollinated belong to the seller unless the buyer stipulates otherwise.”’
18. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ahmad ibn al-Hassan from ‘Amr ibn Sa‘id from Musaddiq ibn Sadaqah from ‘Ammar ibn Musa who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about vines when it is permissible to sell them. He (the Imam) said, Tt is permissible when they form into vines.’”
1. A number of our people have narrated from Ahmad ibn Muhammad from ‘Uthman ibn ‘Isa from Sama‘ah who has said the following: “I once asked him (the Imam), ‘Alayhi al-Salam, about buying food which is exchanged by means of weighing or measuring, if such items can be bought without weighing or measuring. He (the Imam) said, ‘If you find a man with food which he has weighed or measured and it is bought from him with profit for him, it is not harmful if you buy it without weighing and measuring. If the first buyer had bought it by weighing and measurement and you say when buying, “I give you such and such amount of profit and I accept your weighing and measuring then it is not harmful.’””
2. Ali ibn Ibrahim has narrated from his father and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “About the case of a man who buys a certain amount of food then sells it without weighing or measurement, he (the Imam) said, ‘It is not a valid deal.’”
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn Hadid from Jamil ibn Darraj who has said the following: “About the case of a man who buys food then sells it before receiving delivery, he (the Imam) said, ‘It is not harmful.’ ‘Can he appoint the second buyer as his agent to receive delivery?’ He (the Imam) said, ‘It is not harmful.’”
4. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “About the case of a man who buys food from another man, a package by means of known measurement then the party asks the buyer to buy from him another similar package without measurement, because it is similar to the other package already bought. He (the Imam) said, ‘It is not valid without measurement.’ He (the Imam) said, ‘Venturous estimation in food items which are exchanged by measurement is not valid and it is of undesirable matters in food items.’”
5. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from more than one person from Aban ibn ‘Uthman from ‘Abd al-Rahman ibn abu ‘Abd Allah who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who owes one kur (a certain amount) of food. He then buys one kur of food from another man and asks his creditor to come to receive the Kur of food owed to him. He (the Imam) said, ‘Such a transaction is not harmful.’”
6. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Safwan ibn Yahya from Ishaq ibn ‘Ammar from abu al-‘Atarud who has said the following: “I once said to abu ‘Abd Allah, ‘Alayhi al-Salam, that I buy food in a deal in the beginning of which I lose and in the end I gain profit. I then ask my friend to reduce a certain amount on each kur. He (the Imam) said, ‘There is nothing good in it, however, he can reduce a certain sum.’ I then asked, ‘Can he reduce more than I have lost?’ He (the Imam) said, ‘It is not harmful.’ I then asked if I can keep aside one or two kur and the man asks me to give him according to my measurement. He (the Imam) said, ‘It is not harmful if he can trust you.’”
7. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Safwan ibn Yahya from abu Sa‘id al-Mukariy from ‘Abd al-Malik ibn ‘Amr who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about food that I buy and I measure it when someone witnesses my measuring but I measure it for myself. He then says, ‘Sell it to me.’ I then sell it to him by means of the same measurement that I made for myself. He (the Imam) said, ‘It is not harmful.”’
8. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who buys hay which is on the threshing floor, each kur for a certain amount. He receives delivery of hay and sells it before measuring the hay. He (the Imam) said, ‘It is not harmful.’”
9. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Safwan from ibn Muskan from Ishaq al-Mad’iniy who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a people who embark in a ship and buy food and bargain about it. Then one man buys from them. They ask him and he gives them what they ask for of food. So he who collects payment and gives them food becomes the owner of food. He (the Imam) said, ‘It is not harmful. I do not see anything else except that they were partners.’ I then said, ‘The owner of food asks a measuring person who measures for us and we have workers who examine and finds increases and decreases. He (the Imam) said, ‘It is not harmful if errors are not many.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “About the case of a man who buys food for a few dirham of which he takes one-half and leaves the other half. Thereafter he comes back when prices have risen or have fallen down, Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘If on the day of purchase he prices them and determines the amount then such price is what it is, but if he has taken a certain amount and has left the rest without pricing he must pay the price of the day that he takes whatever it is.”’
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil who has said the following: “About the case of a man who buys food, every kur (a certain amount) for a certain price, then prices rise or fall when he has measured only a certain part, and the owner of food refuses to deliver to him the rest, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If on the day of purchase he has priced the food and that the food is his, then the remaining food is also his; but if he had only bought without any condition then only what he has paid for is his.’”
3. Muhammad ibn Yahya has narrated the following: “Muhammad ibn al-Hassan once wrote to abu Muhammad, ‘Alayhi al-Salam, asking, ‘A man has hired another man to work and build a structure for another person and he gives the worker food, cotton and other things; then the prices of food and cotton rise or fall and change from the day he gave him, if he can count on him with the price of the day of delivery or the price of the day of finalizing the account. He (the Imam) signed the answer, ‘He must pay according to the prices of the day he set mutual conditions (prices, work and so on) if Allah so wills.’ He (the Imam), ‘Alayhi al-Salam, about the question of goods that one receives and pays food for it without determining prices which then change, signed the answer, ‘Prices are that of the day he has given the food.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr ibn ‘ Atiyyah who has said the following: “This is concerning my question before abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of our buying food from ships. We then measure and find extra amount. He (the Imam) said, ‘Perhaps you find it to be less also.’ I replied, ‘Yes, that also happens.’ He (the Imam) then asked, ‘Do they give you the deficit?’ I replied, ‘No, they do not give the deficit. He (the Imam) said, ‘It is not harmful.’”
2. Muhammad ibn ‘Isma’il has narrated from al-Fadl ibn Shadhan from ibn abu ‘Umayr from ‘Abd al-Rahman ibn al-Hajjaj who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the extra in measurement and weighing. He (the Imam) said, ‘If it is not excessive, it is not harmful.’”
3. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Ali ibn al-Hakam from al-‘Ala’ ibn Razin who has said the following: “I once said to abu ‘Abd Allah, ‘Alayhi al-Salam, that I may pass by a man and he speaks to me about food and says, ‘You have found the kind of foodstuff that you need.’ I then ask him to show me and I will give such and such amount of profit for each kur, but when he shows it to me, I look at it and if I need I take it, if not I leave it. He (the Imam) said, ‘It is bargaining and it is not harmful.’ I then said that I then ask him to keep aside for me fifty kur or less or more according to his measurement then it comes extra or less and mostly it is extra. To whom the extra belongs? He (the Imam) said, ‘It belongs to you.’ He (the Imam) then said, ‘I once sent Mu‘attib or Salam who bought food for us and it came extra for two dinars and our family used it by the measurement that we knew.’ I then asked, ‘Did you find out who the seller was?’ He (the Imam) replied, ‘Yes, and we returned the extra to him.’ I then said, ‘May Allah be kind to you. In my case your fatwa is that the extra belongs to me and yourself return it to the seller because you knew that it belongs to him.’ He (the Imam) said, ‘Yes; it is a mistake that people make because what we bought was for eight or nine dirham.’ He (the Imam) then said, ‘In our case we, however, measured it again.’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ‘Isma’il from Hanan who has said the following: “Once I was sitting in the presence of abu ‘Abd Allah, ‘Alayhi al-Salam, when Mu’ammar al-Zayyat said, ‘We buy oil in Ziqaq (a certain container), they compensate it for deficit because of Ziqaq. He (the Imam) said, ‘If it comes extra as well as in deficit, it is not harmful but if it comes extra and no deficit, then you must not go close to it.’”
1. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Ali ibn al-Hakam from al-‘Ala’ from Muhammad ibn Muslim who has said the following: “One of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, was asked about foodstuff of high and low quality mixed together. He (the Imam) said, ‘If they see all of it, it is not harmful as long as that of good quality does not cover that of low quality.’”
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who has various kinds of the same item of foodstuff of the same price of which one is of high quality and one is of low quality but he mixes them together; then sells them for one kind of price. He (the Imam) said, ‘It is not proper for him and it is cheating the Muslims unless he informs them of the condition.’”
3. Ibn abu ‘Umayr has narrated from Hammad from al-Halabiy who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who buys foodstuff and thinks is best for him and more sellable if he makes them moist but not intending to increase its quantity. He (the Imam) said, ‘If it does not sell without moistening in other ways and it is without seeking to increase its weight, then it is not harmful, otherwise, it is cheating the Muslims.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘ Umayr from Hammad from al-Halabiy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It is not proper to sell with a Sa‘ (a certain measuring device) which is not in use in the city (land).’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from certain persons of his people from Aban from Muhammad al- Halabiy who have said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It is not lawful for one to sell with a Sa‘ which is not in use in a city. A man may hire a camel man and measures with a device of his home which perhaps is smaller than the mud (a certain measurement) of the market- place. If he says it is smaller than the mud of the market he does not accept unless he guarantees and takes responsibility thereof.’ He (the Imam) said, ‘There must be one mud. Taking responsibility also serves this purpose.’”
3. Muhammad ibn Yahya has narrated from Muhammad ibn Khalid al-Barqiy from Sa‘d ibn Sa‘d who has narrated the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about a people who make al-Qufzan (measuring devices) small with which they sell. He (the Imam) said, ‘They are of the people who cause losses in their belongings.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Yahya from Ghiyath ibn Ibrahim who has said the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said that ‘Amir al-Mu’minin has said, ‘Advance payment for a merchandise is not harmful if it is for known measures and appointed time. Advance payment is not made except for threshing and the time of harvest.’”
2. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from ibn Muskan from Muhammad al-Halabiy who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about advance payment for foodstuff of a known measure and an appointed time. He (the Imam) said, ‘It is not harmful.’”
3. Ali ibn Ibrahim has narrated from his father from ‘Abd Allah ibn al-Mughirah from ‘Abd Allah ibn Sinan who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who makes advance payment to buy foodstuff from a man who does not have any farm or foodstuff or animals except that he at the appointed time buys the foodstuff and delivers it. He (the Imam) said, ‘If he guarantees it within the appointed time then it is not harmful.’ I then asked, ‘If he delivers a certain amount and cannot deliver a certain amount, is it proper for me to demand from him the remaining of my capital? He (the Imam) said, ‘Yes, that is very good.’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali al-Nu’man from ibn Muskan from Sulayman ibn Khalid who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who makes advance payment for farms and takes a certain amount of his foodstuff and a certain amount remains. The other party offers him the remaining of his capital. He (the Imam) said, ‘He must accept it; it is lawful.’ I then said, ‘He sells his foodstuff that he has received and it doubles.’ He (the Imam) said, ‘If he does, it is lawful.’ I then asked him (the Imam) about a man who makes advance payment for what is not a farm or palm trees. He (the Imam) said, ‘He must name something for an appointed time.’”
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father all from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man to whom I made advance payment for foodstuff. When the time arrived he sent to me dirhams. He (the Imam) said, ‘Buy foodstuff for yourself and compensate for your right.’ He (the Imam) then said, ‘I deem it proper that you appoint someone else for such work until you receive what belongs to you and you alone must not undertake the task and work.’”
6. Ahmad ibn Muhammad has narrated from ibn abu ‘Umayr from Aban ibn ‘Uthman from certain persons of our people who has said the following: “About the case of a man who makes advance payment for foodstuff for an appointed time and when the foodstuff is ready he says, ‘I do not have any foodstuff but consider what its price is and take it from me’, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It is not harmful . 555
7. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn Ahmad ibn Muhammad from Muhammad ibn ‘Isma’il has narrated from al-Fadl ibn Shadhan from Safwan from al-‘Is ibn al-Qasim who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who makes advance payment of dirhams in exchange for wheat until the appoint time comes and he does not have any foodstuff but has animals and other assets and slaves; if it is lawful for him to take from his assets in exchange for his foodstuff. He (the Imam) said, ‘Yes, he must name such and such items for such and such Sa‘ (of foodstuff). 5 ”
8. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah from more than one person from Aban ibn ‘Uthman from Ya’qub ibn Shu’ayb and ‘Ubayd ibn Zurarah who has said the following: “We once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who sells foodstuff in exchange for dirhams for an appointed time. When the time comes and he demands it, the party says, ‘I do not have dirhams. Take from me foodstuff . 5 He (the Imam) said, ‘It is not harmful; his are dirhams in exchange, for which he can take whatever he likes . 555
9. Humayd has narrated from ibn Sama‘ah from more than one person from Aban from ‘Abd al-Rahman ibn abu ‘Abd Allah who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who makes advance payment of dirhams in exchange for foodstuff and the time comes but the party sends him dirhams. He (the Imam) said, ‘He can buy foodstuff to compensate for his right. Do you see any problems in it ? 5 He (the Imam) said, ‘There must be someone else with him to work to make it happen . 555
10. Ali ibn Ibrahim has narrated from his father and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from ibn abu ‘Umayr from Hammad from al-Halabiy who has said the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about the case of a man who makes advance payment in exchange for five Mukhatim (a container) of wheat or barley for an appointed time but the party cannot deliver all that he owes on due time, and he asks the other party to accept half of the foodstuff or one-third or less or more and take the remaining of his capital back. He (the Imam) said, ‘It is not harmful . 5 ‘Can saffron be purchased through advance payment of twenty dirham for twenty Mithqal (a certain unit of weight) or less or more ? 5 He (the Imam) said, ‘It is not harmful. If the party cannot deliver all of saffron, the other party can take one-third or two-thirds of the remaining of his capital for his right . 555
11. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ‘Isma’il has narrated from al-Fadl ibn Shadhan from all from ibn abu ‘Umayr from Hafs ibn al-Bakhtariy from Khalid ibn al-Hajjaj who has said the following: “About the case of a man who buys foodstuff of a certain town, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If the foodstuff of a certain town exactly is not mentioned he can give it from anywhere he likes . 555
12. Sahl ibn Ziyad has narrated from Mu‘awiyah ibn Hakim from al-Hassan ibn Ali ibn Faddal who has said the following: “I once wrote to abu al-Hassan, ‘Alayhi al-Salam, and asked, ‘I make an advance payment deal with a man for foodstuff and when it is due time I do not have any foodstuff, if I can give him dirhams in exchange. He (the Imam) said, ‘Yes, you can do so.”’
1. A number of our people have narrated from Sahl ibn Ziyad and Ahmad ibn Muhammad from ibn Mahbub from Hisham ibn Salim who has said the following: “Once abu ‘ Abd Allah, ‘Alayhi al-Salam, was asked about the case of a man who sells foodstuff to another man in quantity of several kur but cannot deliver what he owes, and says to the other party to accept two Qafiz (a certain unit of measurement) of barley for one Qafiz of wheat to compensate for the deficit. He (the Imam) said, ‘It is not valid; the origin of barley is from wheat, however, he can return his dirhams proportionate to the degree of deficit.’”
2. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from Mansur ibn Hazim from abu Basir and others who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Wheat and barley are equal to each other; neither one of the two can be exchanged in excess of the other.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad ibn ‘Uthman from al-Halabiy who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘It is not permissible to sell two Makhtum (a container) of barley for one Makhtum of wheat. These items cannot be exchanged except in equal quantities of each other and so also is the date.’ Abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about the case of a man who buys wheat but cannot find with his party anything except barley, if he can take two for one. He (the Imam) said, ‘No, because the origin of the two is the same and Ali, ‘Alayhi al-Salam, would count barley for wheat.’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ‘Uthman ibn ‘Isa from Sama‘ah who has said the following: “I once asked him (the Imam), ‘Alayhi al-Salam, about wheat and barley. He (the Imam) said, ‘If they are of equal measures it is not harmful.’ He (the narrator) has said, ‘I asked him (the Imam) about flour and wheat. He (the Imam) said, ‘If they are of equal measures it is not harmful.’”
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and a number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from Aban from ‘Abd al-Rahman ibn abu ‘Abd Allah who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, if it is permissible to exchange one Qafiz (a certain unit of measurement) of wheat for two Qafiz of barley. He (the Imam) said, ‘No, it is not permissible unless they are of equal quantities.’ He (the Imam) then said, ‘Barley is from wheat.’”
Muwaththaq, like Sahih· al-Majlisi
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