at a disclosed cost and profit, nor the ruling for fraud and deception, nor that for a defect. (The first case) is where someone sells at a disclosed cost and profit and includes costs that should not be included, or charges profit on costs that may be included but on which no profit may be charged. (The second) is where someone sells at a disclosed cost and profit based on the purchase price he agreed to, without disclosing what he actually paid.

Sahnūn agreed with Ibn al-Qāsim on two of these categories and differed with him on the third: he agreed on the ruling for concealing a defect and on that for a false statement, but differed on the ruling for fraud and deception. In his view, fraud and deception in sales at a disclosed cost and profit fall into two categories: (the first) has no effect in increasing the price; (the second) does increase it.

Regarding what has no effect in increasing the price, he agrees with Ibn al-Qāsim. Examples include someone inheriting goods or receiving them as a gift and then selling them at a disclosed cost and profit; or purchasing goods and keeping them for a long time without their market price changing; and similar cases. Regarding what does increase the price, he differs with Ibn al-Qāsim and applies the ruling for a false statement, both while the goods remain returnable and when they are no longer returnable. An example is someone purchasing goods on credit and then selling them at a disclosed cost and profit based on that purchase price, since, as is well known, buying on credit entails an increased price and a period of deferment. Another example is someone purchasing two garments in a single transaction and then selling one at a disclosed cost and profit based on its allocated share of the price. According to Ibn ‘Abdūs’s view, a higher price is paid for the combined purchase. Even if no increase was paid, the seller is suspected of having allocated to one garment more of the price than its proper share.

Section

If, according to his position, both kinds of deception occur together—deception that increases the price and deception that does not—as when someone purchases goods and keeps them for a long time while their market price falls, he agrees with Ibn al-Qāsim while the goods remain returnable. For if the seller seeks to compel the buyer to keep the goods by deducting from their price the amount attributable to the false statement and its corresponding share of the profit, the buyer can object on the grounds that the goods had been held for a long time. But when the goods are no longer returnable, he differs with him and applies the ruling for a false statement. The procedure is to assess the goods’ value on the day they were sold at a disclosed cost and profit, and that assessed value is taken as the price