What is the rule for compensation regarding items with uniform parts, such as currency and foodstuffs?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 5 · Bab 1

Open in Qurani

Primary text

For items whose parts are uniform and whose qualities are nearly identical, such as dirhams, dinars, grains, and oils, compensation must be in kind (Mithl), and this is without any scholarly disagreement. Every consumable item, whether food or drink, mandates compensation in kind rather than monetary value, according to the consensus reported by Ibn Abd al-Barr. The apparent view of Ahmad is that all measured (Mekil) and weighed (Mawzoon) items also require compensation in kind, unless they involve manufacturing or craftsmanship.

Supporting text

Items that have undergone manufacturing, such as iron, copper, or lead utensils and tools, as well as jewelry made of gold or silver, and woven or spun materials like silk, linen, cotton, wool, or hair, must be compensated by their monetary value. This is because craftsmanship affects the value, leading to variation, making value assessment more precise. This situation resembles non-measured and non-weighed goods. Some scholars hold that minted currency (Naqra) and ingots are valued monetarily because obtaining an exact equivalent requires melting down and destroying existing minted coins, which constitutes destruction. Furthermore, fruits like grapes, fresh dates, and pears are compensated by their value according to the apparent view of Ahmad.