payment of the dinars is delayed without this having been stipulated, that is permissible. If he settles with him for dirhams payable at a future date, this is not permissible, because it entails deferred currency exchange: it is as though he had sold him a slave and dirhams payable later in exchange for dinars paid immediately. If the dirhams are paid immediately, this is permissible according to Ibn al-Qāsim, provided they amount to less than the exchange value of one dinar. According to Ashhab, it is permissible even if they exceed the exchange value of one dinar. If the additional payment consists of goods delivered immediately, that is permissible. If the goods are to be delivered at a future date, Ibn al-Qāsim’s position varied: on one occasion he permitted it, and on another he prohibited it.
Section
As for the second case—where he sells the slave for immediate payment but has not received the price when the buyer discovers a defect—there are likewise two possibilities:
First: the seller agrees to give the buyer something extra in settlement on condition that he does not return the slave.
Second: the buyer agrees to give the seller something extra in settlement on condition that he returns the slave.
If the seller agrees to give the buyer something extra on condition that he does not return the slave, and this additional payment consists of dinars, it is permissible only by way of set-off. For if he collects the price, he will have sold a slave and dinars in exchange for dinars. If he gives him additional dirhams, this is permissible only if they are paid immediately and amount to less than the exchange value of one dinar, according to Ibn al-Qāsim. If he gives him additional goods, whether delivered immediately or of specified description for delivery at a future date, that is permissible.
If, however, the buyer agrees to give the seller something extra in settlement on condition that he returns the slave, and this additional payment consists of dinars paid immediately, that is permissible. If the additional payment is deferred, it is not permissible, because it combines a sale with a loan: the slave is returned in exchange for part of the price due, on condition that payment of the balance be deferred. If the additional payment consists of a small amount of dirhams, less than the exchange value of one dinar, it is permissible, because it is as though he had sold him the slave for part of the price on condition that he exchange the remainder with him. If the additional payment consists of goods delivered immediately, that is permissible. If it consists of anything payable at a future date, it is not permissible, because this replaces one debt with another.