What is the ruling on offering two prices for the same item based on immediate or deferred payment?
Chapter on Selling the Musarrah (Animal with milk retained in udder)
Al-Mughni
Book of Sales
Primary text
It is invalid to state one price for immediate cash payment and another price for deferred payment for the same object (e.g., ten for cash or fifteen on credit, or ten broken coins or nine sound ones). This is the position of Malik, Thawri, Ishaq, and the majority. The invalidity stems from the fact that a single, definite sale was not concluded, resembling offering a choice between two items. Furthermore, the price is indeterminate, similar to an unknown price marked on an item.
Supporting text
Some narrations from Tawus, Al-Hakam, and Hammad suggest permissibility, provided that after the initial offering, the buyer explicitly agrees to one of the options, thereby forming a sufficient subsequent contract. Ahmad's ruling on a conditional payment (*Ja'alah*) suggests a possible validity based on the nature of *Ja'alah* allowing for greater uncertainty than in a sale. Additionally, the nature of the work involved in the contingent payment might specify the agreed-upon compensation, preventing dispute, which distinguishes it from the indeterminate sale price.