Is it valid to accept a higher quality good upon a prior agreement while simultaneously demanding an extra payment (Dirham)?

Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 6

Open in Qurani

Primary text

The transaction is invalid when one party agrees to deliver a superior quality good under an existing contract and then demands an additional Dirham. The basis for this ruling is that quality (*jawdah*) is merely an attribute, and attributes cannot be isolated or treated as the subject matter of a separate contract, similar to how measurable or weighed goods cannot be isolated in this manner.

Supporting text

Abu Hanifah holds that this transaction is valid, drawing an analogy to a case of forward sale (salam) where one contracted for ten units but delivered eleven; in that analogy, the additional unit is permitted.