by weight—except where measurement by volume and by weight produce the same result. In that case, there is no doubt that selling it by volume or by weight is permissible.
The author’s statement, “A measured commodity may not be sold…”: the word “measured commodity” is indefinite in a negative construction, and thus includes small and large amounts, whether equal or unequal in quality. So, if a person sells one date for another date, equality must be determined by volume; they must therefore be equal in volume. But how can a date be measured by volume?
The answer is that a small vessel is brought, such as a spoon, for example. One date is placed in this spoon, and then the other date is placed in it.
Some scholars said that where something is not measured by volume due to its small quantity and triviality, likeness is not required—for example, one date for two dates is unobjectionable. Those who rely on the general wording of the hadith, “Dates for dates, like for like” (1), say that this includes both small and large quantities of dates. Those who follow what people customarily recognize say: A single date cannot be measured by volume, so this applies to things customarily known among people to be capable of measurement by volume. However, the apparent meaning of the author’s words, “A measured commodity may not be sold…,” is that it includes both small and large amounts.
His statement, “Nor may some of it be sold for some of it by estimation”: juzāfan, jizāfan, and jazāfan are all accepted pronunciations; it is a word with three vowelings. At times, scholars say “with a triply-vowelled lām” or “with a triply-vowelled ʿayn,” and at other times they say “with the triply-dotted letter.” The difference is that when they say “with the triply-dotted letter,” they mean the letter thāʾ; whereas when they say, “with a triply-vowelled fāʾ,” they mean its vowel markings.
The meaning of estimation is that which takes place without assessment; that is, nor may