to exchange unequal quantities, such as gold and silver, or of a kind in which unequal exchange is permissible, such as merchandise. Partnership in these is permissible by agreement, provided that the contributions are equal in measure and value where unequal exchange is impermissible, or equal in value where unequal exchange is permissible. As for food and drink, Ibn al-Qāsim and Sahnūn permitted partnership in them when the contributions are equal in measure and value, by analogy with dinars and dirhams. Here too, only one ground for objection is present, so he regarded it as a minor matter. Mālik’s views on this differed.

Unequal exchange is permissible in it. As for food and drink, Ibn al-Qāsim and Sahnūn permitted partnership in them when the contributions are equal in measure and value, by analogy with dinars and dirhams. Here too, only one ground for objection is present, so he regarded it as a minor matter. Mālik’s views on this differed.

Section

The second category, where the partners contribute two different kinds of property, likewise comprises two cases: either their exchange may not be deferred, or it may be deferred. Where deferred exchange is permissible—as with two kinds of merchandise, or merchandise and either dinars or dirhams—Ibn al-Qāsim permitted the partnership because there is only one ground for objection: combining a sale with a partnership. Sahnūn also permitted it, and this is Mālik’s position as well. However, Mālik is also reported to have said concerning this: “Partnerships formed with merchandise are not customary practice.” In saying this, he expressed reservations about it—Allah knows best—because of the combination of a sale with a partnership. Sahnūn, however, did not regard this combination as objectionable when the sale was integral to the partnership rather than separate from it. This is what I have been able to set out concerning partnership. Success comes from Allah.