Is a sale valid if the seller says, 'I sell you this entire lot, with every *qafiz* thereof being for one dirham,' even if the total quantity is unknown to both parties at the time of the contract?
Chapter on Selling Assets and Fruits
Al-Mughni
Book of Sales
Primary text
The contract is valid if the seller states, 'I sell you this entire lot, with every *qafiz* thereof being for one dirham,' even if the total quantity is unknown to them at the time of the contract. This is the view of Malik, Al-Shafi'i, Abu Yusuf, and Muhammad. The rationale is that the sold item is known through visual inspection, and the price is determined by reference to a known standard—the measurement of the lot—where the total price is apportioned based on its quantity of *qafiz*. This is known, even if not immediately calculated, similar to a cost-plus sale where the total cost is known by calculation. Furthermore, the item is known by sight, and the price is known for each proportional part of the item, thus validating the transaction, similar to established precedents. Evidence supporting this includes the report that Ali, may Allah be pleased with him, leased himself out for one date per bucket of water, and the Prophet, peace be upon him, brought the dates.
Supporting text
Abu Hanifa held that the sale is valid only for one *qafiz*, and void for the rest, because the total price is indeterminate, rendering the sale invalid, similar to selling an item based on an unknown numerical mark (*raqam*).