Subra (a heap of goods sold by the whole without measure: its sale, the sale of a sa' from it, and the conditions of validity)

A subra is a heap of food, or of other things, pl. subar; some say it is food only. The jurists use it of anything whose parts are alike. Jizaf is the sale of what is measured, weighed or counted by the whole, without measure, weight or count. ¹

The sale of a heap by the whole is valid even when its measure or weight is unknown: one says "I sell you this heap of wheat" without knowing its sa's, since uncertainty is removed by seeing it. A sale of one sa' from a heap, or of a heap at a price per sa' where the buyer takes it all, is valid, since if the heap's sa's are known its whole is known, and if not, ignorance of the whole alone does no harm. This is the view of the majority; Abu Hanifa holds that a heap sold at so much per sa' is valid only for one sa' and void for the rest, while his companions say it is valid for all. ^{1 2}

• The seller must not cheat, such as putting the poor or wet goods inside or raising the heap on a bench or a mound, following the saying "whoever cheats us is not of us". If one party knows of the cheating the contract is void; if both are ignorant and the loss appears, the one who is harmed may cancel or keep.
• Its parts must be alike; if they differ, the sale is void.
• It must be seen at the contract, or before it if it has not changed.
• Both parties must not know the measure or weight; if one knows and the other does not, it is void.
• The ground on which the heap lies must be level. ^{2 3}

If one sells a heap except one sa', the sale is valid when its sa's are known, and it is understood as shared; it is void when they are unknown, since the Prophet forbade the sale of the exception (thunya), and al-Tirmidhi adds "unless it is known", and what is sold is unknown. Selling half of it that is seen, or a third, or another known part, is valid by consensus. If one says "I sell you part of this heap, or a share of it, or whatever you like", the sale is void for uncertainty. ³

If one sells a heap at a price per sa' on condition that the seller adds or takes away a sa', the sale is void: an added sa' given as a gift is a condition within a contract, and given as a sale it is unknown. ³

If one sells a heap and names its total ("a heap of a hundred qafiz for a hundred dirhams") and it turns out short or long: the Shafi'is and Hanbalis void the contract, since the total of the price and its detail cannot be joined; the Hanafis take what is there for its share or cancel if it is short, and if it is more the extra is the seller's; the Malikis hold it valid if they estimated the amount correctly, and otherwise the harmed party may choose. ^{3 4}