436 S A L E . B o o k X V l.
own property in exchange for his own property* becaule the original
contract: does as it were relate to fuch increafe or abatement.—rThe
advantage of the incorporation of the increafe and the abatement in
the original contraft is evident, in a cafe of friendly or profitable file;
-for if a perlon fell fomething by a profitable fale tq a purchafer who
increafes the price in the feller’s favour, in that calc it is lawful for
him [the feller] to charge his profit on the original and the increafe
united ; as, in cafe of an abatement, on the other hand, his profit mull:
he charged on the refidue after the deduaion.— The advantage arifing
from this is alfo evident in a cafe of Shaffer, for the perfon pofteffing.
the right of Shaffa is entitled to the fubjeft of the fale, in cafe of an
abatement in exchange for the diminilhed price.
The price
cannot be in-
creafed after
the deftruc-
tion o f the
goods in the
purchafer’s
hands.
O b j e c t io n .—-Since the abatement and increafe are incorporated
with the- original contraQ:, it would follow that, in a cafe of increafe,
the perfon polfeffing the right of Shaffa is to take the fubjeft of the
fale at the aggregate amount of the original price, and its increafe,—
inftead of taking i f (as is the cafe) at the original price only.
r ej?Ly .— In cafe of an increafe of the price, the proprietor of the
right of Shaffa takes the fubjeft of the fale at the original price
only, becaufe his right relates to the original price, and it is not
in the power of the buyer and feller, by any adt of their s, to annul
fuCh ri ght.
A ny increafe of the price, after the deftrudtion of the wares in
■ the polfeffion of the purchafer, is not valid, (according to the Z.&hlr-
Rdwayet,) becaufe of the wares not having been in a ftate that admitted
of the lawful oppofition of an exchange for them.
O b j e c t io n .— It would appear that the increafe of the price remains
in force after the deftrudHon of the goods; for although' the
goods be not then in a ftate to admit any exchange being oppoled to
them, yet the increafe incorporates with the original contract, which
was concluded at a time when, the goods being extant, it was lawful
to oppofe an addition to the exchange for them.
R e p l y .
CfiTAP. VII. S A L E. 4 * 7 '
R eply.—-If the wares had remained in a condition to admit o f an*,
exchange of property for them immediately, then fuch exchange
might have been immediately eftablilhed, and referred afterwards to
the period of forming the contract; for a thing is firft eftablilhed on
the inftant, and is then referred to the formation of the contract j,—
but as, in the prefent inftance, the immediate exchange of the property
cannot be eftablilhed,. the wares no longer exifting, the reference
back is impoffible; and hence any increafe of the price is evidently
invalid.— It is otherwife with refpedt to an. abatement of the price-
after the deliruction of the wares,, becaufe thefe, after their dcftruc-
tion, are in a ftate which admits of.a diminution of the price; which,
is therefore rèferred to the formation, of the contrafb..,.
Ik a perfon, having fold fomething on condition of prompt payment,
Ihould afterwards agree to receive the price at a future fixed
period,.it islawfuï, becaufe the price is folely the right of the feller;
and as it is in his-power,, if he chufe, to forego it altogether,, he- is
eonfequently entitled,, for the convenience and eafe of the purchafer,
to take.- a future payment inftead- o f a prompt'- one, à fortiori,—
I f the period, ftipulated be not certain, and the uncertainty be very
great,, (as if he Ihould ftipulate payment when the wind. blows, for
inftance,) it is not lawful. I f the period, on the contrary, be only,
in a fmall degree uncertain-,, (as if hé Ihould. ftipulate the.payment
at the Catting o f thé corn, Or thé thtefhing o î it',). it is lawful, in the -
fame manner as in the cafe, of bail, of which an explanation .has already,
been given..
Every debt'immediately due maybe fulpendèd, in its obligation,
to a future period, by the creditor, on the principles laid down in the
preceding cafe,— excepting a loan * , the fufpenlion. of. the..obligation
of
* Arab-. K a r z, fignifying a loan o f money, in oppofition to Areeat, which means a
loan o f any thing but money. T h efe deeds are conlidered, b y Mujfulmans, to be o f . a
diitindt
A p rom ptly-
ment may be
commuted
for a dijiant
payment,.
in all debts -
except thofe
incurred by a ■
loan.