Sales, greater leniency is allowed if he had already come close to agreeing on their sale and expected the transaction to be completed. A similar ruling appears in Ibn al-Qāsim’s transmission in the Book of Advance-Payment Contracts and Deferred Terms, where both sales require immediate payment.
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The maximum term for an advance-payment contract is the longest term permitted for a sale, subject to the differing views on that matter.
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Using goods as advance payment for other goods—whether measured by volume, weighed, or neither—and livestock as advance payment for other livestock is permissible according to Mālik and all his companions, provided the categories differ or, within a single category, the uses and intended purposes differ. Thus, there is no disagreement within the school over this general principle. Their disagreement concerns its detailed application, as will appear in their discussions of particular cases: do certain things constitute one category or two? Some regard them as one category because they consider their uses closely related, while others regard them as two because they consider the difference between them substantial, each according to the conclusion reached through his independent juristic reasoning.
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An advance-payment contract exchanging one category for its like is impermissible because the Sunnah reports that “the Prophet, peace and blessings be upon him, prohibited any loan that yields a benefit.” This applies generally to money, merchandise, and foodstuffs whenever someone advances a loan seeking a benefit, whether an increase in volume, superior quality, or forgoing a surplus in order to secure a guarantee of repayment. All of this is forbidden.
Mālik, may Allah have mercy on him, mentioned this in his Muwattaʾ, relating that it had reached him that a man came to ʿAbd Allāh ibn ʿUmar and said, “Abū ʿAbd al-Rahmān, I lent a man something and stipulated that he repay me with something better than what I lent him.” ʿAbd Allāh ibn ʿUmar, may Allah be pleased with them both, replied, “That is usury”—and the report continues at length.
He also said, may Allah be pleased with him, “Anyone who makes a loan should stipulate nothing beyond its repayment.” And ʿAbd Allāh ibn Masʿūd said