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
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.