the tenets of the two. difciplpsr, their oaths are. not to, b,e, taken.— 1
Others, again, have laid that, agreeably to the tenets of Haneefa,
their oaths are not to- be taken; whereas, agreeably to the tenets, of
the. two difciples, their oaths are to be taken, becaufe, according to
them, the place of delivery is virtually involved in the contract itfelf,
and confequeutly a contention with relpeft to it indupes, the neceffity
of the oaths of both parties, in the fame manner as if it related -to, the
goods or price :— and that the delivery, in the opinion of Haneefa,, not
being involved in the contrail, but exifting only as a condition, is
therefore equivalent to a condition of option, or a determination of the
period of the payment of the price;— and a contention regarding thsfe
does not induce the neceffity of the oaths of the parties, but is determined
by the affirmation of the feller.
I t is to be obferved that, in the fame manner as Haneefa and the
two difciples difagree regarding the fpecification of the place of delivery,
in a Silhm fale, fp alfo they difagree regarding the fpecification
of a place for the payment of the price, (where it is flipulated. at a
future period,)— the fpecification of a place for the payment of rent,—
and alfo, the fpecification of a place for the payment-ofafum due
from a partner in a divifion of flock.— An example, with relpeft to
•payment o f the price, appears where a perfon, purchafes any thing in
exchange for articles of weight or meafurement of capacity,— or for
fome definite price,— in which cafe, according to Haneefa, it is re-
quifite that the place of payment be fpecified, provided the price be
.payable at a future period;— whereas, according to the two difciples,
fuch condition is unneceffary, as the place of concluding the contrafl
is abfolutely fixed for the payment-:— (Some have faid that Haneefa,
in this particular, coincides with the two difciples. This, however,
is erroneous, finceit is certain that a difference, ofppinjon obtains, as
has been already fiated; and fuch, alfo, is the opinion of Shlmfal-
Aym af— An example, with refpefl to rent, appears where a perfon
rents a houfe, a quadruped, or the like, flipulating the price to conr
fid
fill of feme article of weight ör meafurement óf capacity, or óf fomé
fpecidc article fuch ââ iS capable of being a debt upon the perfon,— in
which café, according to Haneefa, it is fequifitè that the place of payment
óf fuch rént be particularly mentioned,— whereas; according to
the two difciples, the mention of it is not requifite, but the houle
itfelf it fixed is 'thé placé óf payment,— or (in the cafe of hire of an
animal,) the place where the hirer returns the animal to its owner.—
An example with refpefl to a divifion óf property, appears where two
perfons, jointly poflfeffiiig a houfe, agree to divide off their lhares,.
and one of them, having obtained a larger portion than he is entitled
to, agrees to compound with the other by the payment of a particular
fum,— in which cafe, according to Haneefa-, the Ipecification of the
place of payment is a neceffary condition,— whereas, according to the
two difciples; this is unneceffary, àà the place of concluding the agreement
determines the placé of payment.
If thé article for which the advance is made be of fuch a nature as
doés not require any expence of porterage, fuch as mujk, camphire,
fajfron, or fmdll pearls, there Is no hécèffitÿ, according to all our
doflors, for fixing the placé of delivery bècàufé the difference of
place occafions no difference of price ;. and in.this cafe the delivery mull
be made where the contrafl is concluded.— The compiler Of the He-
d/iya remarks that this Is the doflrine laid down in the Jama Sagheer,
and alfo in the Mdbfoot treating of fales :— but that in the Mabfoct
treating of hire it is faid that the feller may deliver the goods
wherever he pleafes;— and this is approved; becaufe thé delivery is
not immediately due ; and alfo, becaufe, all placés in this Cafe being
fimilar, there is no neceffity for the particular détermination, of any.
Now, the queftion is, if the parties agree upon a placé o f delivé'ry,
whether it be abfolutely fixed thereby of not.— Some aré of opinion,
that it is not fixed, becaufe in lb determining it there is no advantage.—
Others, again, maintain that it is fixed thereby, as its being fo is advantageous,
fince thé danger of the roads is thereby avoided.— If, incafe
The place of
delivery, however,
need not
be determines
with re-
fpe& to articles
which
are not of expen
five carriage;