fulfilled my obligation to him with something better than what he was entitled to, and this is my reward! I treat him kindly and give him better than his due, yet he treats me badly!” This does happen, for many people nowadays invalidate their charities through reminders and injury. Therefore, the purchaser says: “I want him to give me what I am entitled to, and I want nothing else.”
We therefore hold that he is not required to accept it unless he knows that this man will never remind him of it in the future. In that case, we may say that he must accept it, for this comes under the heading of making things easier for one’s brother. If he says, “I will not accept this,” the seller will have to sell it in the market and then buy for him what meets the stipulated condition. This may entail hardship, and the expenses involved may even exceed the difference between the superior and the medium-quality item. Thus, if accepting it will not expose him to the harm of being reminded of the favour, he must take it; otherwise, he is not required to do so.
As for the third case, we likewise hold that if he brings him something of a different genus and the other party agrees, there is no harm in it. For example, he may say, “Here are one hundred sāʿs of wheat in exchange for one hundred sāʿs of Sukkari dates,” and the seller agrees. We hold that there is no harm in this, because there is no ribā al-faḍl (usury arising from an excess in exchange) between wheat and dates. And since he has brought it and handed it over to him, ribā al-nasīʾah (usury arising from deferment) is precluded. What prohibition, then, is involved? There is neither usury, injustice, nor uncertainty in it.
Thus, we differ with the author on two issues:
First: the obligation to accept a superior-quality item in place of a medium-quality item of the same type.
Second: the permissibility of taking something of a different genus when it is brought forth and possession is taken before the parties separate, because this involves neither usury, injustice, nor uncertainty.