What is the ruling when a measured quantity of ghee (saman) found within a container is found to be deficient (riba)?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
When a deficiency is found in the measured ghee, the buyer has the right to take the existing ghee commensurate with its price proportion. This ruling is analogous to finding an excess amount (rabwah) beneath a pile of grain purchased by measure, or finding nine measures when ten were contracted for; in such cases, the buyer takes what exists based on its proportionate price. Therefore, the buyer takes the existing ghee according to its share of the price. The seller is not obligated to provide the missing amount of ghee, regardless of whether the seller possesses the equivalent amount or not. If the buyer and seller mutually agree that the seller should provide the missing ghee, this agreement is permissible.
Supporting text
Ahmad and Ishaq state that if the seller possesses ghee, he must give the buyer the exact weight of ghee corresponding to the deficiency. If the seller does not possess ghee, he must compensate the buyer with the monetary value equivalent to the deficient amount. Sharih mandated that the seller must always provide ghee equal to the deficiency. Al-Thawri held that the buyer may simply take the deficient amount found, and he is not required to demand the equivalent amount of ghee as compensation.