both produced,
the
fale is complete,
without
any fpe-
cification of
quantity or
but a mention
o f money,
without a fpe-
cification of
the fumy (un-
lefs it be produced
upon
the fpot,) is
not valid.
A fale may be
entered into,
either for
ready money,
or with fpe-
cification of a
promifed
time of payment.
s
the feller fhould fay “ I have fold this wheat to you for thefe dirms,"
or the purchafer, With thefe dirms now prefent I have purchafed
“ fuch an article belonging to you,” ) in this cafe the file is valid, although
neither the quantity pf wheat, (fuch as “ fo many loads,” for
inllance,) nor the amount of the money (fuch as “ Jb many dirms” )
be mentioned; for the reference made to them is fufficient to afcer-
tain the fubjefts of the contraft, and does not leave room for any
difpute.
If, at the time of concluding the contraft, the dirms or deendrs
be not prefent, fo as to admit of being referred to; in this cafe the
general mention of them,_without a fpecification of the numbers or of
the quality, is not valid; becaufe the delivery of them on the part of
the purchafer is requifite; and as the general mention of them would oc-
cafion a contention between the purchafer and feller, (the one wilhing
to give a few ®nd of a bad quality, the other infilling on a greater
number and a better quality,) the delivery would therefore become
impracticable. (It is here proper to obferve that every fpecies of uncertainty
which may prove an occafion of contention is invalid, in a
contraft of fale.)
A s a l e is valid either for ready money, or for a future payment,
provided the period be fixed; becaufe of the words of the Koran, “ a b -
“ s o l u t e s a l e is l a w f u l and alfo, becaufe there is a tradition of
the prophet having purchafed a garment from a Jew, and promifing
to pay the price at a fixed future period, pledging his coat of mail for
the performance of it. It is indifpenfably requifite, however, that
the period of payment be fixed, as an uncertainty in this refpeft might
occafion a contention, and be preventive of its execution, fince the
feller would naturally demand the payment of the price foon, and the
buyer would defire to defer it.
The price
m uft be ftipu-
A s a l e , flipulating a payment of dirms in an abfolute manner,
(as
(as if aperfon (hould fay “ I have fold this for ten dirms,” ) is valid;
provided however that all the different fpecies of dirms be of the
fame value:, and in that cafe the purchafer is entitled to pay the price
in any of the fpecies he pleafes.— If the different fpecies !of dirms be of
different value, the fale then refis'upon that which is moll generally in
ufe. If, however, the different fpecies be of different values, jand it
be impoifible to afcertain the one of moft common ufe, the abfolute
expreflion of dirms in this cafe renders the fale void, becaufe the price
beinv thereby rendered uncertain, a contention mull necefïàriîy en-
fue : Hill, however, if the parties choofe to remove the caufe of contention
by voluntarily fixing the rate, the fale is valid.
I t is lawful to fell wheat, or other kinds of grain, either by means
of meafures of capacity, or by conjefture * , provided it be in exchange
for a different kind of grain ; becaufe the prophet has faid,
“ Sell any thing lhat is in exchange fo r a different kind, in whatjoever
“ manneryoupleafe and without regard to the quality ;” and alfo, becaufe
the uncertainty in this cafe proves no bar to its delivery. It is not lawful,
however, to fell grain in exchange for thz fame kind by conjecture,
becaufe this is of an ufurious nature.
lated at Tome
known and
determinate
rate.
I t isi lawful, in fale, to ufe the meafuré of a particular velTel, of
which the exaft capacity may not be afcertained,— or the weight of a
particular ftone, the exaft weight of which is not afcertained,— becaufe
the uncertainty in this cafe cannot be productive of contention,
fince either of thefe inftruments of eftimation may be ufed and the
delivery take place immediately after ; and it is not probable that the
velfel or ftone fhould be loft or deftroyed in the interval between the
meafurement and the delivery, the only cafe in which a contention
could arife. A meafurement of this kind, however, is not allowed in
Si Him fales (that is, where the price is advanced, and the merchandife
Grain may be
fold for other
grain of a
different fpecies.
Goods may
be fold by a
weight or
meafurement
which is not
of any particular
ftan-
dard,
.except in a
cafe of Si Him
fale.
Meaning, by Eßimate.
delivered