DiiToIution,
in confidera-
tion o f an
equivalent of
a different
kind, is a
breaking off.
The fale o f a
female flave
cannot be annulled
after
£he has borne
a child.
A fale may be
diffolved previous
to delivery
and
feizin o f the
article.
Valid when the filence is maintained only with refpect to a part. A
diffolution, ftipulating a fmaller fum than the original price, in a cafe
where the wares have been bleniifhed in the hands of the purchafer,
is confidered by Mohammed as a diffolution ; the deficiency being op-
pofed to the bletnifh.
If a diffolution be agreed upon, ftipulating, in lieu of the original
price, an equivalent of a different kind, it is a breaking off*, according
to Haneefa, for the original price; and the ftipulation of a different
kind is nugatory. The two difciples confide? this diffolution as
a fale, founding their opinion on their ideas' of the nature of diflolu-
tions, as already explained.
If a diffolution of fale take place with refpect to a female flave
who had borne a child whilft in the poffeflion of the purchafer, it is
null, according to Haneefa, becaufe (agreeably to his tenets) a diffo-
lution is a breaking off; and the birth of the child is preventive of a
diffolution, as this is a fupervenient addition of a feparate thing; and
fuch addition, after feizin, prevents a diffolution of the bargain.—
This diffolution, however, is confidered as a fale by the two difciples.
T he diffolution of a fale previous to taking poffeflion of the article
fold, whether of a moveable or immoveable defeription, is a breaking
off, according to Haneefa. According to Aboo T'oojif it is a breaking
off with regard to moveable property only, becaufe a fale of move-
able property, previous to taking pofleflion of it, is not lawful, and
hence a diffolution with refpedt to moveable property, previous to the
feizin of it, cannot be confidered as a fale, and is confequently a
breaking off. A difiolution with reipedt to immoveable property, on
the contrary, previous to the taking poffeflion of it, is a fale, (accord-
* And confequently valid, as it completely annuls the contract.
4 ÜÜ
ing to Aboo Toofaf,)'as he holds that the fale of immoveable property,
previous to the feizin of it, is lawful.
T he lofs or deftrudkion of the wares is a bar to the legality of a
difiolution, but not the deftrudtion of the price; becaufe a diffolution
is the breaking off o f fale-, and the breaking off of a fale refts upon
the exiftence o f the fale ; and this again relates to ths wares not to
the price.
In cafes of Mookdyeza, or a fale of goods for goods * , a diffolution
agreed upon after the deftrudtion of one of the ‘two fubjefts R valid 1 ter a deftnx-
o r . . , . _ c , tion of one of
becaufe each of them falls under the defeription of the iubject of the ^ fubjeas.
fale; 'and applying this term, therefore, to the one that remains, it
follows that the diffolution is lawful, becaufe of the exiftence of the
fubjedt of the fale.
CHAP. VII.
Of Moordbihat, and Tawleeat, that is, Sales of Profit and
of Friendfhip -fn
M oorAbih a t , ora fale o f profit, means the fale of any thing for the
price at which it was before purchafed by the feller, with the fuperaddition
Definition o f
Moordbihat
and-J*vwleeat.
* T h a t is, barter:— the term by which Mookayeza will be hereafter always exprefled.
+ Moordbihat and Tawleeat are technical terms, which (like many others in this work)
do not admit of a literal tranflation., Neither is the definition o f them, as here given (according
to the Perftan verfion o f the Hedaya) completely fatisfa&ory. In the Arabic
copy,