the money changer, or some similar circumstance beyond the control of both parties or either one. In this case, by agreement, the portion of the exchange settled immediately remains valid and is not annulled. There are, however, two opinions on whether the portion affected by the delay is annulled if the recipient waives the shortfall. For example, someone exchanges a dinar for dirhams, then finds that one of the dirhams is deficient and says, “I waive the shortfall.” Does the entire exchange then remain valid?
(The first) is Ibn al-Qāsim’s opinion: this is not permissible, and the exchange corresponding to one dinar is annulled, unless the amount missing exceeds the amount exchanged for one dinar, in which case the exchange corresponding to two dinars is annulled, and so on according to the same pattern.
(The second) is Ashhab’s opinion: the exchange is valid, and none of it is annulled if the recipient waives the shortfall, as with a shortfall of one dāniq (one-sixth of a dirham), if he accepts it. An opinion similar to Ashhab’s has also been related from Ibn al-Qāsim concerning a small shortfall, such as one or two dāniqs. Asbagh likewise held this view concerning a shortfall of one dirham out of a thousand. This is because scales may differ by such an amount. In my view, there is no disagreement that a shortfall within the range of variation between scales may be waived. What has been related from Ibn al-Qāsim on this matter does not represent an inconsistency in his position. Rather, on one occasion he considered one or two dāniqs to fall within the range of variation between scales and therefore permitted the shortfall to be waived; on another, he considered it outside that range and therefore did not permit it to be waived.
Section
If, however, he wishes to claim and recover the shortfall, this is permissible only according to those who allow replacement in currency exchange and hold that an involuntary delay caused by forgetfulness, error, theft, deception, or something similar neither invalidates nor vitiates the exchange. Thus, if, after the parties have separated, he finds a defective coin among what he received in the exchange, he has it replaced; if he finds a shortfall, he recovers it; and if another person’s ownership of any part of it is established, he takes