the saʿ, while this second dirham is in exchange for the other saʿ.” This is clear, because although it is a single transaction, it is as though it were two separate transactions.
Question: If gold is fashioned into jewellery and someone wishes to give unworked gold in exchange for it, is equality required?
Answer: The majority of scholars hold that equality is required and that workmanship has no effect whatsoever. Some scholars, however—such as Shaykh al-Islam Ibn Taymiyyah and his student Ibn al-Qayyim—held that it is permissible to give an additional amount corresponding to the workmanship. For example, if this gold has the same weight, but he gives extra because it has been fashioned, then, in Shaykh al-Islam’s view, this is permissible, and the additional amount is considered payment for the workmanship. The majority, however, prohibit this, citing the hadith concerning dates: selling superior dates for inferior dates.
This evidence may be answered by noting that superior and inferior dates are not the product of human workmanship, whereas this is the product of human workmanship, for which a person seeks compensation. Nevertheless, closing off this avenue is preferable, because estimating the value of the workmanship may lead to disagreement, and the owner of the fashioned gold may be greedy and charge the other party more than the value of the workmanship.
An example is when someone has broken gold and takes it to a goldsmith, saying: “Exchange this gold for other jewellery, and I will give you the payment for the workmanship.” The shop owner may charge more than the value of the workmanship because of the customer’s desire for it. Thus, closing off this avenue is preferable and more correct.
Nor may dates without pits be exchanged for dates containing pits. Pits may be sold for dates containing pits, and milk and wool for a sheep possessing milk and wool.
His statement, “Nor dates without pits for dates containing pits”: Some dates are kneaded and their pits removed; locally, they are called al-ʿubayṭ. If someone comes and says, “I wish to sell you dates containing pits in exchange for dates without pits—that is, al-ʿubayṭ,” then this is not permissible.