the seller, this is undoubtedly a legal stratagem and is therefore impermissible, for the harmful consequences of prohibited matters are not removed by resorting to legal stratagems; rather, such stratagems only add further harm. However, if someone else lends him the money, there is no problem.

His statement, “The contract is invalid with respect to what has not been received”: the reason for this is that taking possession is a condition for the validity of the contract, as the Prophet, peace and blessings be upon him, said: “Sell however you wish, so long as it is hand to hand.” (1)

Dirhams and dinars become specified by designation in the contract and may not be substituted.

His statement, “Dirhams and dinars become specified by designation in the contract and may not be substituted”: this is a matter over which there is scholarly disagreement. Several related issues follow from this disagreement, which Ibn Rajab, may Allah have mercy on him, mentioned at the end of his book al-Qawa'id (Legal Maxims). Do dirhams and dinars become specified by the contract or not? The scholars differed over this. Some held that they do not become specified, because the intended value is the same: this dinar and that dinar are alike in what is intended; they differ only as to their individual identity. This, they said, does not establish that dirhams become specified merely by being designated in the contract.

Others held that they do become specified.

An example of this is that I buy this garment from you with this dirham. The garment is now specified, and there is no issue concerning that. Thus, if the seller wished to substitute the garment, he could not do so without the buyer’s consent. But the buyer has designated this dirham; does this particular dirham thereby become specified?

If we say that it does become specified, then the buyer cannot substitute it, because once he has designated it,