C H A P. XI,
Of Sillim Saler.
K aD 0 ° “ E exPlains f e literally to fignify,. a contradt involving *
prompt delivery m return for a diftant delivery. In the language of the
law it means a contradt o f fale, caufing an immediate payment o f the
price, and admitting a delay in the delivery of the wares. In this kind
W m ? erVy,areS- are denominated Moojlim-fee-hee * , the price Rdfal-
M d l\, the feller Moojlim-ah-he \ , and the purchafer RubulSilhm\.
A s i l l i m fale is authorized' and rendered legal by a particular
paffage m the K o r a n , and alfo by an exprefs declaration o f the pro
phet prohibiting any one from the fale of what is not in his noffeffion-
but authoring a Sillim fale. It is to be obferved that Sillim fale is
contrary to analogy, becanfe of the non-exiffence of the fubjedt of it
fince it is a fale of a non-exiftent article, as the fubjedt, M Sillim fale’
is merely the thing for which the advance is made,, and that does"
m m .^nal°Sy. however, is abandoned in this inftancef becaufe
of the text and tradition above cited..
A Sillim fale-
is lawful.
in all articles
ofweight (except
ditms
and deenars.,)
meafurement
o f capacity,
A s i l l i m fale w i th re la tion to a r tic le s o f w e ig h t , o r m e a fu r em e n t
« c a p a c i ty , is la w fu l , b e c au fe th e p rop h e t has faid » Whofoever enter.r
« tnto a ^ ^ M -with you, let him Jlipulate a determinate weight
and meafurement, and a determinate period o f delivery.': Dirms L d
deenars, h o w e v e r ,, a re n o t in c lu d e d in. th e d e fe r ip tio n o f t r S e l I f
* Literally, the advanced m account o f t The capitalJlock.
Î Literally, the advanced toe § Literally,, the advancer..
weight,.
weight, becaufe both of thefe are reprefentatives of price, and in a
Sillim fale it is requifite that the fubjedt of it be otherwlfe than a re-
prefentative of price. Hence i f a perfon thould enter into a Sillim
fale, ftipulating the immediate payment of ten yards of cloth to the
feller in lieu of ten dirms to be delivered to him by the feller at a
future period, the Sillim fale fo contradted is' invalid. Some have faid
that thisffale is abfolutely null. Others, again,, have faid that although,
eonfidering it as a Sillim fale, it is certainly invalid, Hill it is not null,
Cnee it may be executed fo as to anfwer the views of the parties as
far as poffible, by eonfidering it Amply as a fale of cloth for a price
payable hereafter; more efpecially fince, in alkcontradts, the fpirit is
what is to be attended to. The former, however, is the better opinion
; becaufe, although fales may lawfully be rendered valid in every
poffible degree, with, relation to the things concerned with the parties
have contradted, yet as, in the cafe in. queftion, the things fo con-
tradted for are .dirms and deenars, which from an exprefs prohibition
are incapable of being, made the fubjedt of a Sillim fale, the contradt
with, relation fo them cannot in. any degree, he rendered- valid..
A s i l l i m fale with refpedt to articles o f longitudinal meafurement,
fuch as eloth, or the like, is lawful, becaufe it is. poffible to define
them exadtly by fpecification of the number of yards in refpedt to the
length and breadth, and the quality and workmanffiip of it- (By the
quality is meant thefinenefs or coarfenefs-, and by the •workmanjhip the
loofenefs or clofenefs-of the texture.) T h e fpecification by a recital
of thefe particulars,, moreover,, is- requifite;. in. order that: ignorance
may be avoided' r it is therefore effential to the validity of the contradl:.
In the fame manner alfo, a SillimTale is lawful with refpedt to all articles
of tale,, which, do not eflentially. differ in. their unities, fuch-as
eggs and walnut's-, becaufe, in all articles of tale between the unities
of which the difference is trifling, the rate is; afcertainable, the quality
definable, and the delivery to the purchafer pradticable: a contract of
Sillim,, therefore, with refpedt to fuch articles is lawful. In articles of
this
longitudinal
meafurement,
and tale.