the two scholarly opinions—as held by Mālik, in one view within Ahmad’s school, and by others—or impermissible, according to Abū Hanīfa, al-Shāfi‘ī, and the well-known view reported from Ahmad. If it is permissible, making a second sale while the first remains in force is forbidden. This seller did not abandon the first sale because he believed it to be forbidden, but in order to sell to the second purchaser. Such conduct is forbidden by the consensus of the Muslims. The correct view is that selling taro is permissible and accepting the higher offer is unlawful; the taro therefore belongs to the first purchaser.

Those who hold the sale to be invalid say that the seller is entitled only to the fair price of what was taken from him, or to less than its fair value.

He was asked:

A man emigrated from the land of the Tatars. Finding no mount, he purchased one from the Tatars. Is he obliged to pay its price after emigrating to the land of Islam?

He replied:

Yes. If he purchased it from them, he must pay the price to the person who sold it to him, even if that person is a Tatar. And Allah knows best.