How is the concession calculated when the seller states, 'with a concession of one dirham for every ten'?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
When the seller states, 'with a concession of one dirham for every ten,' the deduction is calculated from every eleven units, resulting in the remaining price being ninety plus ten elevenths of a dirham. This is the position of Abu Hanifah and Al-Shafi'i.
Supporting text
It is narrated that Abu Thawr stated that the deduction should be ten units, similar to the previous scenario (where the total price was one hundred). However, this is not sound, because stating 'for every ten dirhams, one dirham' implies the dirham is taken from something other than the ten, effectively meaning a concession of one dirham from every eleven dirhams. If one says 'from every ten dirhams,' the dirham is part of the ten, implying he takes nine from the ten and deducts one dirham.