Mālik’s position in al-Mudawwana, in its third Book of Advance-Payment Sales. It has also been said that absent merchandise may be sold only on the basis of inspection or description. The Book of Uncertainty contains evidence for this position, which is the sound view supported by analogical reasoning.

As for stipulating advance payment when such goods are purchased by description, this is impermissible if they are far away. Mālik’s statements differ, however, when they are nearby: in al-Mudawwana he permits it, whereas in al-Muwatta’ he prohibits it. The latter is also Ibn Wahb’s transmission from Mālik in his Muwatta’, and Ibn al-Qāsim’s transmission from him in the original record of his oral teachings. This applies when the goods are purchased on the basis of a description supplied by an informant or messenger. If, however, they are purchased on the basis of their owner’s description, advance payment may not be stipulated under any circumstances, whether they are nearby or far away.

As for real estate, advance payment may be stipulated whether it is nearby or far away, again provided that it is not purchased on the basis of its owner’s description. This is what Ashhab transmitted from Mālik, and it explains the statements in al-Mudawwana and elsewhere. The remaining rulings concerning the purchase of absent goods will be discussed in their appropriate places in this book, Allah willing. Success comes from Allah, glorified and exalted be He.