We say: the basic pattern is for it to be ordered; however, it is sometimes unordered for a rhetorical subtlety that becomes apparent upon reflection. Here, the author has followed ordered pairing and elaboration.
“If he sells for more; or if he says, ‘Sell it for such-and-such a price on deferred payment,’ and he sells it for immediate payment; or, ‘Buy it for such-and-such a price with immediate payment,’ and he buys it on deferred payment—if there is no harm in either case, it is valid; otherwise, it is not.”
His statement, “If he sells for more,” means: for more than the market price. This is valid, just as when he specifies one item and the agent buys two. The latter is established by the sunnah: the Prophet ﷺ asked al-Jaʿd ibn ʿUrwah, may Allah be pleased with him, to buy a sacrificial animal for one dinar. He bought two sheep, then sold one of them for one dinar, and the Messenger ﷺ approved of this (1). It may be argued that this case is open to dispute, since the Messenger ﷺ approved of it. We say: the Messenger’s approval of him, and his not saying, “Do not do that again,” indicates that the like of this is permissible.
An example of selling for more than the amount specified is that he says: “So-and-so, sell this watch for forty dirhams.” The agent then sells it for forty-five and comes back saying: “Take the forty-five.” This is valid even though he specified an amount. If the principal refuses, the agent says to him: “Give me the extra five, and consider that you sold it for forty.”
However, if he specifies the person to whom it is to be sold, saying, “Sell it to so-and-so for forty,” and the agent then sells it to him for forty-five, this is not valid. The principal’s specification of that person indicates that he intended to grant him a concession. By selling it for more, the agent has frustrated the principal’s purpose. Therefore, we say: it is not valid; go back to him and return the five to him. Or we may rule according to the more stringent of the two possibilities: that the sale is invalid.