The phrase counted goods without material disparity does not require every egg or walnut to weigh exactly the same. It means that after grading them, remaining ordinary variation is too small to generate substantial dispute.
“100 eggs” may still require a clearly agreed grade. By contrast, 100 individually very different objects cannot be made sufficiently determinate through counting alone. The operative test is reliable specification of quality and quantity, not just the existence of a number.
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Why walnuts and eggs are cited
Bab al-Salam: Advance Price, Specified Goods, Delivery Date and Conditions
The phrase counted goods without material disparity does not require every egg or walnut to weigh exactly the same. It means that after grading them, remaining ordinary variation is too small to generate substantial dispute.
“100 eggs” may still require a clearly agreed grade. By contrast, 100 individually very different objects cannot be made sufficiently determinate through counting alone. The operative test is reliable specification of quality and quantity, not just the existence of a number.