for the Prophet said, “At its rate on that day.” (1) Thus, if I sell the dinars for one hundred and ten, this is not permissible, because I have profited by ten from something that remains the seller’s liability and has not yet come under my liability. If I sell the ten dinars—which are worth one hundred—for ninety, then, judging by the apparent meaning of the hadith, we would say that this is not permissible. But if we consider the underlying reason and wisdom, this man who sold the ten worth one hundred for ninety has not made a profit; rather, he has discharged the seller from ten. This was not mentioned in the hadith because it is uncommon; what generally occurs is profit. Therefore, the Messenger said, “At its rate on that day.”

The precise formulation of the issue is that if he sells it for less, he has granted the debtor an additional benefit; whereas, if he sells it for more, he has profited from something that has not come under his liability. This is unlawful and impermissible.

His statement, “As for anything other than that, the purchaser may dispose of it before taking possession of it,” apparently includes even an item sold on the basis of prior inspection or description. He did not discuss an item sold after inspection or by description; rather, he discussed goods sold by measure, weight, number, or length. Thus, the apparent meaning of his words is that, apart from these, the purchaser may dispose of the item before taking possession of it. However, the established school of law assimilates an item sold by description or prior inspection to goods sold by measure and the like, because it requires full delivery. Therefore, if the sold item differs from the prior inspection or the description, the purchaser has the option, as mentioned previously. We have held the stronger view to be that no sold item may be resold until it has been taken into possession.