contain one hundred head, or two hundred; this does not matter, because it is known by inspection. My specifying the price for each head is only for the purpose of calculating the price.

The same applies if he sells him the entire heap at one dirham per qafiz—or, if you prefer, say: one dirham per sa‘—there is nothing wrong with this.

Likewise, if he sells him a garment at such-and-such an amount per meter, this is permissible.

His statement, “If he sells from the heap at one dirham per qafiz”: that is, if he sells from the heap at one dirham per qafiz, or from the garment at one dirham per cubit, or from the flock at one dirham per sheep, then the sale is invalid. This is because “from” indicates partiality: we do not know whether he will take a large amount from this flock or a small amount. Thus, the matter returns to uncertainty regarding the item sold, for he may take, for example, fifty head from the flock, or twenty head, or the entire flock. It is therefore unknown, and for this reason the sale is invalid.

The difference between the two cases is that, in the first, the sale concerns the whole, while stating a price for each individual unit is merely to determine the amount of the price. The item sold is therefore known.

In the second case, however, he says: “From the flock, each sheep for one dirham.” “From” indicates partiality. Thus, if he takes three sheep from a flock numbering one thousand, we cannot require him to take more than three, because he said, “from,” and “from” may indicate partiality. The ruling is the same if he takes more. I do not know what he will take from the flock, so it is unknown to me. This is the difference.

The second opinion concerning the second case is that this is valid, because the seller is satisfied with the possibility that the buyer may take the entire flock,