harvest it, thresh it, and winnow it: some held the sale permissible, while others ruled it impermissible.

• Another disputed case is the sale of a slave-girl on condition that the buyer will take her as an umm walad; or that he will not take her out of the town; or that he will neither sell nor give her away; or on condition that he will declare a male slave mudabbar, conclude a kitāba contract with him, or manumit him at a fixed date. Every one of these stipulations makes the sale invalid and unlawful. If the matter is discovered before the commodity has passed beyond recall and the seller withdraws the condition, the sale becomes valid; but if the commodity has already slipped beyond recall, the buyer must pay its market value—unless that value is lower than the price actually paid, in which case no deduction is made. According to another opinion, the sale remains void even if the condition is removed: it must be rescinded before the commodity is lost, and if loss occurs the buyer is liable for its value on the day he took possession. A sale that is conditioned simply upon the slave’s immediate and absolute emancipation, however, is valid.

• Combining a sale and a loan in one and the same transaction: if the loan is cancelled, the sale stands. Should the commodity pass beyond recall before the loan is cancelled and the loan had been from the buyer to the seller, the seller is entitled to whichever is greater, the market value or the agreed price, for he had accepted that price only on the understanding that no loan accompanied the deal. If, on the other hand, the loan had been from the seller to the buyer, the seller receives whichever is less, the market value or the price, because he had accepted that amount and coupled it with a loan.

• A person sells a commodity on the understanding that, if the buyer later sells it, the buyer will suffer no loss. This transaction is to be rescinded. If the commodity has already been resold, any profit or loss belongs to the owner of the commodity, while the buyer is entitled to a fee equivalent to the going wage. Another opinion treats the contract as invalid altogether, in which case, if the commodity is lost, the buyer must pay its value as of the day he took possession. Yet a third view says that if the commodity was a slave-girl and the buyer had intercourse with her—whether or not she became pregnant—and then freed her or gave her away, he remains liable for the original purchase price.

• The general rule concerning invalid sales is that they are to be annulled so long as the commodity has not been dissipated while in the buyer’s possession: the commodity is returned to its owner and the price to the buyer. If the commodity perishes after the buyer has taken possession, he must repay its market value, whatever that may be—whether higher or lower than the price—except for what