deferment alone, not through excess. I shall, God willing, set out the various genera and sub-categories after this.
Mālik, the scholars of Madinah, and the leading jurists hold that the operative rule for foodstuffs, when portions of the same item are exchanged, is identical to that for gold and silver: the exchange must be hand-to-hand. Under this heading fall all condiments, such as oil, rubb (date molasses), vinegar, honey, fruit preserves, and the like. The textual foundation for this is salt, for it is a condiment rather than a staple, and it is expressly mentioned in the ḥadith of ʿUbādah.
The second type consists of produce that generally spoils once it has dried, so that its dried form is of no legal consequence, for only a minute amount remains from the original quantity. Examples include solidified rubb, ʿuyūn al-baqar, sun-dried peaches, bananas, pomegranates, and the like. Almost all of these are eaten fresh; they are reckoned piece by piece, unlike the first type, and virtually none of them is stored. They are consumed merely for enjoyment and as a delicacy. This type agrees with the first in that usury can arise through deferment but not through excess; it differs, however, in that one may lawfully sell some of it for more of the same species provided the exchange is hand-to-hand. Thus, for this type usury does not occur—whether within a single species or between two species—except in one way: deferment. Should any deferment enter the transaction, it becomes unlawful and constitutes usury, because the Prophet—peace and blessings be upon him—prohibited trading food for food except hand-to-hand.
The third type is what is eaten or drunk with reluctance, without appetite or pleasure, and is ordinarily taken only as a remedy for incidental ailments—that is, medicinal substances. Although edible, this type is treated in law like ordinary merchandise and like items that are neither eaten nor drunk, because it lacks the predominant characteristic found in foods and drinks. Consequently, according to Mālik, it is permissible to sell one portion of it for another, whether equal