What is the ruling on exchanging countable items that vary significantly in size, such as pomegranates, quinces, cucumbers, or gourds?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
For countable items that vary significantly, such as pomegranates, quinces, cucumbers, and gourds, the ruling follows that of items not counted by measure, such as melons and leafy vegetables. There are two opinions on this matter. One view permits exchange by count, with the size variation controlled by specifying small, large, or medium, because this is how they are customarily sold.
Supporting text
The second view dictates that these items must only be exchanged by weight. This is the position of Abu Hanifa and Al-Shafi'i. This is because they cannot be accurately assessed by count due to significant variation, nor by volume measure because they settle unevenly in the measure. Similarly, leafy vegetables cannot be accurately assessed by bundles because they vary, even though bundles can differentiate between large and small specimens, thus necessitating assessment by weight.