Is the sale of ghee (Saman) and its container valid if priced per unit weight (per ratl) when both parties know the weight of the ghee and the container separately?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The sale of ghee and its container, priced at a set amount per ratl for both, is valid if both the seller and the buyer know the weight of the ghee and the container. This validity is established because both the object of sale and the price are ascertained. Even if they are ignorant of the exact weight, the sale remains valid because the buyer has agreed to purchase the container and its contents at the stipulated price per ratl, similar to purchasing two separate containers, one with ghee and the other with oil, at the same rate per ratl.
Supporting text
The jurist Al-Qadi ruled that this sale is invalid because the weight of the container fluctuates, leading to ambiguity (gharar) in the transaction. However, the prevailing view is sound because the individual sale of the contents and the container separately would be valid; thus, combining them does not invalidate the transaction, analogous to land with varying parts or different garments.