but there are two opinions on selling it together with a measured quantity of goods ordinarily sold by measure. (The first) permits this. Ibn Zarb adopted this view, deriving it from the permission given in the first book on advance sales in al-Mudawwana to purchase cloth and food together under a single advance-sale contract. (The second) prohibits it. Ibn al-‘Attār adopted this view in his work on legal documents.
There is no disagreement that two measured quantities, or two unmeasured lots, may be sold together in a single transaction in all cases. An unmeasured lot may not be sold together with merchandise in a single transaction, except according to Ibn Habīb, who held that an unmeasured lot of goods ordinarily sold by measure may not be sold together with merchandise in a single transaction. This is an implausible view.
As for selling an unmeasured lot at a price per measure, nothing else may be included with it in the sale under any circumstances, according to the soundest opinion, which is that of Ibn al-Qāsim. As for selling two unmeasured lots at a price per measure, if they are of the same quality and use the same unit of measure, this is permissible by agreement. If both the unit of measure and the quality differ, it is impermissible by agreement. If one is the same and the other differs, its permissibility is disputed between Ibn al-Qāsim and Ashhab.
According to Ibn al-Qāsim’s position, a man may not sell his estate by area, at such-and-such a price per qafīz, unless its land is uniform in quality and fertility, and no fruit or house is included in the sale. If he sells a specified area of it from a particular location, or on condition that the buyer may take it from whichever location he wishes, then, as explained above, neither an unmeasured lot of goods ordinarily sold without measurement nor one of goods ordinarily sold by measure may be included with it in the transaction.
The same applies if he sells the entire estate on condition that its area is such-and-such, according to the view that treats this as the purchase of a specified area: if it contains more than the stated area, the excess belongs to the seller; if it contains less, the buyer may choose either to take the actual area for its proportionate share of the price or to cancel the sale. If the shortfall is slight, however, he must take the actual area for its proportionate share of the price.
As for the view that treats the stated area as a description of the land—so that any excess over the stated area belongs to the buyer, while a shortfall gives him the choice either to take it for the full price or to cancel the sale—a measured quantity of goods ordinarily sold without measurement may not be included with it in the transaction, by agreement. Nor may a measured quantity of goods ordinarily sold by measure be included, subject to the disagreement already mentioned.