The third view is that this is valid, because it is among the most reliable forms of valuation. That is, people’s reliance on a well-known person who has set himself up to sell merchandise is greater than their reliance on a negotiated sale.
Thus, the correct view in this issue is that it is valid. However, if Zayd is an ordinary person with no knowledge of trade, it is not valid for one to say, “I sell it to you at the price for which Zayd sold it,” because Zayd may be deceived in the transaction and buy for less—or the reverse.
“If he sells a garment, a heap [of food], or a flock, at one dirham for each cubit, qafiz, or sheep, it is valid. Likewise, if he sells from the heap at one dirham for each qafiz, or for one hundred dirhams less one dinar, and vice versa.”
His statement, “If he sells a garment”: a garment may refer to something sewn or unsewn, though it most commonly refers to the latter.
His statement, “or a heap”: a heap is a pile of food.
His statement, “or a flock”: that is, a group of sheep.
His statement, “for each cubit,” relates to the garment.
His statement, “or qafiz,” relates to the heap; a qafiz is a type of dry measure.
And his statement, “or sheep,” relates to the flock. Thus, the wording employs ordered grouping and distribution: the items are mentioned collectively at first, then explained in their respective order.
His statement, “at one dirham, it is valid”: this is valid even if they do not know the quantity, because he has sold the whole lot and made this specification merely a means of calculating the price. The item sold itself is known.
For example, a person has a flock of sheep and says, “I sell you this entire flock, at one dirham per sheep.” This is valid, because the item sold is known. Estimating it by sheep—that is, by each individual sheep—is only for the purpose of determining the amount of the price, so it is valid. This flock may