the need to sell. Need requires resorting to a substitute when the original is unavailable.

Thus, when needed, estimation takes the place of measurement by volume, just as earth takes the place of water, and carrion takes the place of properly slaughtered meat when needed. The same applies to the statement that lending, leasing, profit-sharing investment partnerships, tending orchards for a share of their produce, sharecropping, and similar transactions run contrary to analogy. If the speaker means that these transactions possess distinctive features requiring their rulings to differ from those governing transactions unlike them, he is correct. Indeed, this is precisely what analogy requires. But if he means that two equivalent acts have been assigned different rulings, this is an error that even those of lesser rank than the prophets are above committing—may Allah’s blessings be upon them.

Rather, it is these opposing analogies that are unsound, such as the analogy of those who said:

“‘Trade is only like usury.’ But Allah has permitted trade and forbidden usury.”

And the analogy of those who said, “Do you eat what you yourselves have killed, yet refuse to eat what Allah has killed?”—meaning carrion. The Most High said:

“Indeed, the devils inspire their allies to dispute with you. And if you obey them, you will surely be polytheists.”

Perhaps one whom Allah has blessed with understanding and granted knowledge from Himself will find that most rulings known through sound legal analogy are also indicated by the revealed texts, just as the ultimate purport of