Al-Rabi‘ said: It was reported to me by al-Shafi‘i that Sa‘id ibn Salim reported to him that Ibn Jurayj told him that Ibn Shihab, when asked about [the legality of exchanging] one robe for two robes, said, "There's nothing wrong with that. I don't know anyone who condemns it."
Al-Shafi‘i, may God be pleased with him, said: Scholars of Mecca and Najran are well informed about the [annual tribute of] robes that the Prophet, God's blessings and peace be upon him, contracted upon the people of Najran. The legality of the advance purchase of robes has never been challenged, as far as I know.
For this type of transaction, it's necessary to give a description of the robe. It's not licit without a contract in which a man says, "I'll pay you in advance for a robe of Merv"—or of Herat, Rayy, Balkh or Baghdad, specifying the dimensions of the robe, its thickness, and the fineness [of its threads].
Now if the seller comes back with something of higher value than the minimum corresponding to that description, he is obligated [to give it over without demanding an increase in payment]. The surplus excellence of the thing is to be given freely. What's binding is the description. [Fineness is an example of this:] I mention fineness becouse what can minimally be described as "fine" is not easy to distinguish from what is finer. Any increase in a robe's fineness is something extra [for which the buyer is not responsible].
Notice that my description didn't stop at "thickness," because thickness is a quality that extends to fine robes as well as coarse ones, and I [the seller] would err on the side of coarseness or fineness [if that quality weren't specified].
This kind of thing was already described in previous chapters. When one thing fulfills the bare minimum of what's indicated by its name, but that name extends to something else that is superior, [and the superior article is what's delivered,] then it goes to the buyer perforce. Any increase in quality is a gratuity on the part of the seller. If, on the other hand, that name extends to something inferior, [and the inferior article is what's delivered,] then the buyer is free to reject it. Inferiority is a defect that the buyer is not obligated to accept.
A buyer who specifies a thick robe of stout fibers should not be given a fine one, even if it's of superior quality, because with clothing there are certain determinants that apply. A thick robe is warmer when it's cold out, and when it's hot it can serve as a shelter, and it may last longer [than a fine robe], too. Given these determinants, fineness can be a defect. A fine robe may be more valuable than what the buyer paid for, but that doesn't make it [a valid substitute for] the agreed-upon article that the buyer needs.
Al-Rabi‘ informed us that al-Shafi‘i said: If advance payment is tendered for a robe from a given country where robes of more than one make and material are produced, and are distinguished by terms that are known [abroad], then these attributes must be specified like the ones previously mentioned. You have to say: "Such-and-such a robe, from such-and-such a country," and if you leave out any information then the contract is invalid. Without description, it's a blind purchase. It would be like buying fruit without knowing what kind of fruit you're getting. That kind of transaction is disallowed.
So it goes for any type of robe to be purchased in advance. If it's a robe that's dyed or decorated after weaving, the style of it must be stated: Yusufi, Najrani, Fari‘, or whatever name by which its style is known. If it's not that kind of robe, but one whose threads are dyed before weaving, like a ḥibara or something similar, you must describe its make and country of origin: "of fine interstices," or "in the Turkish fashion," [or] "of chainlike pattern" or whatever attribute, genre, or national designator pertains to the desired article. [I repeat:] If robes of more than one style are sourced to a given country, then the style by which it's known must be named. Otherwise, the contract lacks security.
[You also have to describe the material.] With robes of cotton, it's quite as just described for resist-dyed weave, as well as bleached robes, and taylasans, and all silks and woolens. For any article that can be made from different types of spun fiber, be it silk, flax, cotton, Marwazi cotton, or raw cotton, those fibers must be described for the transaction to be legitimate. Only if the article comes from a country where they make it out of just one type of material is it okay to leave it out when specifying the style, thickness and dimensions of the robe.
[Finally,] for advance purchase of any article that can be described as noble or base, or [whose overall degree of quality can be signified] by some other term, that quality must be stipulated in the contract.
[One more thing:] Advance purchase of decorated robes requires that the style of decoration be described [verbally, and written down] in terms known to people of fairness and discernment. It's bad business to show off a decorated patch of cloth, and reach an agreement as to that style of decoration, without a description by which it may be recognized, for this reason: The patch of cloth may disintegrate, leaving its decoration unknown.
From The Exemplar of Imam Shafi‘i, as compiled
by al-Rabi‘ ibn Sulayman al-Muradi
