(ii) Those which are not measured and weighed.

(ii) Those which are not measured and weighed. The first kind belongs to those things, whose price and value is determined by means of measurement or weight e.g. rice, wheat, barley, gold, silver etc. The second kind is of those articles whose price and value is determined either by counting (e.g. eggs of a hen) or by measuring (i.e. through feet. yards, meters etc) e.g. cloth and carpet etc.

Now the position is that in the case of debt if a commodity is given to another person as debt and a condition is imposed that something extra will be given at the time of repayment, it is usury; and the debt becomes unlawful whether the commodity is weighed and measured or not. And in the case of business transaction also if a thing which can be weighed and measured is bought and sold with a commodity of the same genus with the condition of excess payment the transaction will be void.

But if a transaction is made of a thing which is not weighed and measured with a thing of the same genus even on the condition of excess payment, it will not be usury.

Hence we come to the conclusion that if a person gives 100 eggs of a hen as debt to another person on the condition that he will repay 110 eggs after two months it becomes usury, but if he sells 100 eggs for 110 eggs payable after two months, and if there is difference between the eggs sold and the eggs purchased, it is not usury and the transaction is in order. Hence, the difference is of name only and the result is the same.

If the name is 'debt' it is usury and if the name is 'purchase and sale' it is not usury. It should be noted here that the reality of debt is different from the reality of sale in the sense that debt means that a person gives his property to another person with the intention that the debtor will be responsible for it, whereas sale means that he gives his property to another person in exchange for the property which that other person is to give.

Hence, it is necessary in the case of sale that the property sold should be different from the property which is to be given in exchange for it.