Muslims. As for the third category, the ruling when the transaction occurs between a Muslim and a protected non-Muslim subject differs in certain respects from the ruling when it occurs between Muslims.

To explain: if a Muslim sells wine to another Muslim or to a Christian, and this is discovered while the wine remains in the seller’s possession, after he has brought it out but before handing it over to the buyer, it is destroyed at the seller’s expense and the sale is annulled. If the buyer has not paid the price, his obligation to pay it lapses. If he has paid it, one view is that it is returned to him; another is that it is given in charity to the poor as a disciplinary measure against him.

If the transaction is not discovered until the buyer has taken possession of the wine, one view is that it is likewise destroyed at the seller’s expense, the sale is annulled, and the price is dealt with according to the disagreement just mentioned. Another view is that it is destroyed at the buyer’s expense and the sale stands, or that the price is given in charity to the poor, whether or not it has been received, since it is unlawful for the seller and cannot properly be left with the buyer.

If, however, the transaction is not discovered until the buyer has used up the wine, the ruling differs according to whether the buyer is a Muslim or a Christian. If he is a Muslim, the price is given in charity to the poor, whether or not it has been received, without disagreement. There is no way to annul the sale by requiring the Muslim to pay the price of the wine he has used up and having it destroyed at the seller’s expense. If the buyer is a Christian, one view is that he must provide an equivalent quantity of wine, which is then destroyed at the seller’s expense. The sale is thereby annulled, and his obligation to pay the price lapses if he has not paid it. If he has paid it, it is either returned to him or given in charity to the poor as a disciplinary measure against him, according to the disagreement already mentioned. Another view is that the sale stands and the price is given in charity to the poor, whether or not it has been received.

If a Christian sells wine to a Muslim, and this is discovered while the wine is still in the Christian seller’s possession, after he has brought it out for the Muslim, it is destroyed at the seller’s expense and the sale is annulled. The Muslim buyer’s obligation to pay the price lapses if he has not paid it to the seller. If he has paid it, one view is that it is returned to the buyer; this is Ibn Habīb’s position in al-Wādiha. Another view is that it is not returned to him but is given in charity on his behalf as a disciplinary measure against him. This accords with what is stated in al-Mudawwana.

If the transaction is not discovered until the buyer has taken possession of the wine, one view is that it is destroyed at the seller’s expense, and the price is returned to the buyer if he has paid it; if he has not, his obligation to pay it lapses. This was reported from Mālik ibn Abī Uways and others. Another view is that it is destroyed at the expense of