and that he used the word “from” to indicate partiality so that the buyer would have the choice: if he wished, he could take a large amount, and if he wished, a small amount. Then the matter will become known: if he says, “I want ten from the flock,” it becomes known, and the sale is therefore valid. This is analogous to a lease. If he says, “I lease this house from you for one hundred dirhams per year,” it is permissible. It has also been narrated from Ali—may Allah be pleased with him—that he was hired to water a garden, receiving one date for every bucketful. (1) If this is valid in leasing, it is valid in sale as well, since both require that the subject matter be known.
This is the stronger view in this issue: if he sells him, from the flock, each sheep for one dirham; or, from the garment, each cubit for one dirham; or, from the heap, each qafiz for one dirham, then the sale is valid, just as it would be if he sold him the whole of it. We have previously mentioned that it is customary for people that, when a buyer comes to a flock, its owner says to him, “Take whatever you wish—two, three, or four sheep, for example; choose as you please.” He then takes one, two, three, or four and leaves. People conduct sales in this manner, and it is the established practice. Thus, the correct view is that it is valid in both cases.
His statement, “Or for one hundred dirhams minus one dinar”: the sale is invalid.
His statement, “And the reverse of it”: that is, if he sells it for one dinar minus one dirham, the sale is invalid. These are two issues:
The first issue: if he sells it for one hundred dirhams minus one dinar, then it does not