522 S A L E. B o o k XVI.
T h e period
o f delivery
rauft be fpe-
cified.
Private
ftandards o f
meafurement
cannot be
ufed in it.
a feizin made by borrowing is an’obvious and perceptible one; in op-
pofition to that o f a Sillim fale, which reils upon defcription.
A s i l l im fale is not lawful unlefs the period for the delivery of
the wares be fixed.— Shafe'i has faid that it is lawful in either cafe;
(that is, whether the period of delivery be fixed or not;) fince it is
recorded in the traditions that the prophet authorized Sillim fales in
an abfolute manner, without any reftri&ions regarding the limitation
of the period. The arguments of our dodtors upon this point arè
twofold.— F irst, The prophet has ordained that all Sillim fales fliall
be made with a fijpulation of a fixed period for delivery.— Secondly
T h e prophet has prohibited man from felling what is not in his pof-
feffion, but has neverthelefs authorized and rendered legal Sillim fales,
on this principle, that poor people Hand in need of fuch engagements,
in order that, by means of the money they receive in advance, they
may acquire the fubjeft of the fale, and deliver it to the purchafer._
It is therefore requifite that a fixed period be ftipulated, becaufe if the
feller were liable to an inftantaneous delivery on demand, the principle
on which the legality of fuch fale is founded would not be an-
fwered. Moreover, an indefinite period is unlawful, becaufe of the
uncertainty; in the fame manner as in a fale where the price fettled
is to be paid at a future period without defining it. It is to be ob-
ferved that the fmalleft term that can be fixed for a delivery, in a
Sillim fale, is one month.— Some allege the fmalleft term to be three
days-, others again fixt it at any term exceeding half a day. The firfi
opinion is authentic; and decrees are palled accordingly.
T he ffipulation of a private meafure of capacity or longitude is not
lawful in a Sillim fale, becaufe of the uncertainty, founded on the
poffibility of the criterion being loft in the interval between the con-
clufion of the contract and the delivery; as has been already explained.
It is neceflary alfo that the inftrument of meafurement be of a fub-
5 fiance
C h a p . XI. S A L E .
fiance not liable either to contrail or expand, but that it be of a<fixed
nature, fuch as; a large cup. Leathern, bags, however, (fuch as thofe
in which water is contained,) are allowable for this purpofe, according
to Aboo. Yoqfaf, becaufe of the practice of mankind.
A s i l l im fale, with refpedt to the grain- o f a fpecific village, or
the fruit of a fpecific orchard, is not lawful; for if any accident H S a |
(hould happen to thefe particular places, the delivery becomes lm- the produce
practicable; fuch practice has moreover been prohibited by the pro- °^cfe“r“ cular
phet.— This fpecification is, however, lawful according to fome- doctors,
provided it be to define the quality, as where a fpecification is made1
of the grain of KiJhmardnSo. Bokhara, or of Bofhdkee in Fargdna.
A s i l l im fale is not lawful, according to Haneefa, except on feven “ d requires
^ that the genus
conditions. I. That the genus of the fubjeft of the fale be ipecihed, be fperified,
fuch as wheat or barley. II. That the fpecies of it be fixed, fuch-as
wheat of a foil that is watered by means of a-canal, or other artificial 1;ty. quan-
mode, or wheat of a foil watered by rain. III. That the quality of delivery,
of it be fixed, fuch as of the bell or worft kind; IV. That the quail- of'ddiv«^
tity of it be fixed according to a ftandard of weight, or meafurement' o f ter‘
capacity. V . That the period of the delivery be fixed, according to
the ordinances in the traditions. VI. That the rate of the capital advanced
be fixed, provided it be of a nature definable by a rate, as -
where it is an article of weight, o f meafurement of capacity, or. of
tale.— And, VII. That the place of delivery be fixed, provided the
fubjefl of the fale, on account of its weight, require porterage.— The
two difciples have faid, that if the capital to be advanced be prefent,
and exhibited, there is then no need of any mention of the rate-, and
alfo, that there is no need of explaining the place of delivery, fince,
the delivery mull be made in the place where the contract is concluded.
Thus there is a difagreement of opinion with refpedl to thefe
two-conditions between Haneefa and the two difciples.—-The argument
of the two difciples in fupport of-their former- political, is that as.
X x x 2 the