Chapter: Sales Conducted Jazāf (by Rough Estimate)

We have already explained that any commodity which, under the rules of ribā, must be exchanged like-for-like may not be traded jazāf for jazāf, nor may an undefined quantity be bartered for a measured—but still undefined—quantity. With respect to goods for which disparity (tafāḍul) is permitted, Mālik likewise forbids exchanging one portion for another when both portions are left indeterminate—whether the deal is jazāf for jazāf or a measured amount for an undefined one—unless it is visibly clear that one side outweighs the other. Otherwise, in his judgment the transaction involves sheer hazard and gambling (khaṭar and qimār) and is therefore unlawful.

There is, however, no objection to selling any staple food or condiment wholesale for immediate cash in silver coin when both buyer and seller are equally unaware of its exact volume or weight. Should the seller know the measure and conceal it, that concealment counts as a defect, and the purchaser has the choice either to uphold the sale or to rescind it. This is the view of Mālik, his companions, and a group of the scholars of Medina. Likewise, in their eyes the sale remains invalid even if the seller admits that he knows the measure but refuses to disclose it and the buyer is nevertheless content.

According to Mālik and his associates, it is also permissible to resell, still in bulk, any food, staple, or condiment one has purchased, even before taking possession of it. The majority of scholars, however, do not allow such resale until the goods have been moved from their original spot, citing the ḥadīth of Ibn ʿUmar; some later Egyptian Mālikīs adopted that stricter stance as well. Mālik’s own preferred position—Allah have mercy on him—is that one should not resell until the goods have been transferred from their initial location to another place.

It is impermissible to sell livestock or merchandise by bulk—such as slaves, riding animals, herds, garments, and other valuable items—because, in their assessment, such sales entail gambling and excessive risk. And this is contrary