—namely, that chick-peas and cow-peas form one genus, and that grass-peas and garden peas form another. The sound ruling, however, is that chick-peas are one genus and cow-peas another. As a rule, whenever a commodity’s names and colors differ in a clearly recognizable way, each is a separate genus—apart from the single exception already mentioned from Mālik and his companions concerning wheat, barley, and sult.

Anything that counts as a single genus within the first category—staple foods and drinks that are stored—may be exchanged only like for like, in equal measure, with hand-to-hand delivery.

Among the varieties and genera of the second category are the following: apples and pomegranates together make up one genus; all pears constitute another—this includes what are called ʿuyūn al-baqar and kumtharī, both of which we simply call pears. Likewise, all fruits are distinct genera, their difference following the diversity of their names, tastes, and colors. There is no harm in exchanging items within the same genus with disparity—one peach for two peaches, one pomegranate for two pomegranates, one apple for two apples—so long as the transfer is hand-to-hand. If disparity is permissible within a single genus, it is all the more permissible between two different genera, provided the exchange is hand-to-hand.

It is also lawful to sell any fruit, fresh or dried, with or without disparity, whether within one genus or between two, as long as delivery is immediate; no form of deferment is allowed whatsoever.

Mālik’s associates disagreed over eggs in this regard. In my judgment they retain their original ruling in this chapter, for eggs are not stored and no element of usury attaches to them. They likewise differed about dried figs: some excluded them from this category and forbade disparity when exchanging them—fresh or dried—invoking the principle I have outlined concerning foods that are eaten as staples, stored, and consumed both fresh and dried, becoming nourishment whenever there is need. Others placed figs among the unstorable fruits and therefore saw no zakāt due on them, since Mālik mentions them in his Muwaṭṭaʾ alongside pomegranates.

As for pistachios, I place them in the first category by analogy with dates and raisins. Allah knows best.

With respect to bread, Mālik regards it all as a single genus, so it is impermissible to sell some of it