nor, i f a city
be mentioned,
need the
particular
Jireet be fpe-
cified.
The price
muil-be received
at the
meeting;
cafe of the goods requiring porterage, a city ■ be fixed on for the delivery,
there, is then no .neceftity for fpecifying the particular ftreet or
lane, becaufe a city, notwithftanding the variety of its parts, is con-
fidered as one place.— Some have faid that this proceeds on a fuppofi-
tion of the city not being large;— but that, if its extent be a Fara-
fang*, the fpecification of a particular part is, in that cafe, a neceflary
condition.
A silmjvi iale is not valid unlefs the feller receive the price in the
meeting, prior to a feparation from the purchafer; becaufe if the price
be ftipulated in money, it would otherwife follow that one debt is op-
pofed to another debt; a practice which has been prohibited by the
prophet.;— or, if the price be ftipulated in wares, it is invalid, becaufe
the charafteriftic of Sillim is “ a prompt receipt of fomething in lieu of
“ fomething to be given,” which would not be eftablifhed if a prompt
delivery of the price did not take place. Befides, the payment of the
price is neceflary, to enable the feller to acquire the goods,-that he
may become capable of delivery;— and hence lawyers have faid that a
Sillim fale, containing a condition of option in favour of both or one. of
the parties, is invalid, becaufe a condition of option is a bar to the
completion of the feizin, inafmuch as it prevents the concjufion of the
contrail in regard to its effeft, namely, the eftablifhment of right of
property;— and alfo, that the purchafer has no option of infpeftion,
becaufe it is vain and ufelefs; fince the goods are a debt due from the
feller, and confequently undetermined; whereas a thing feen becomes
determined.— It is othe,rwife with refpeft to an option of defedt ;• becaufe
that is no bar to feizin;— and hence, i f fuchaftipulation.be
made, and the parties annul it before the clofe of the meeting, and the
feller be in pofleflion of the price, fnch Sillim fale is valid : in oppofi-
tion to the opinion of Ziffer,
* A league, about 1 8,co o fe et, o r 31 miles in length .
If
If a perfon purchafe a Koor * of wheat, by a Sillim contrail, for wl;ence if a
i l l ? * r . . ’ debt owing
two hundred dirms, and, the feller being indebted to him one from the feller
hundred dir ms, he [the purchafer] make the advance by immediately chafer be con-
paying to him [the feller] one hundred dir ms, and oppofing the debt ofite<the^a[e
of one hundred dirms to the remainder,— in that cafe the contrail is !s invalid in
invalid in the amount of the debt of one hundred dirms,— becaufe a tion,propor'
prefent feizin is not made of them; but it is valid in the amount of
the. one hundred dirms paid down, becaufe of the obfervance of the
conditions of legality with refpeit to that proportion, and becaufe it is
notaffeiled by the invalidity of the other proportion, as.fiich invalidity
is fupervenient, the fale being valid originally; and hence,, if the
purchafer, in this cafe, fhould pay down one hundred dirms on account
of the debt before, the end of the meeting, the fale becomes
valid: but as, in' the prefent inftance, the purchafer does not pay off
his debt, but merely oppofes a clearance of his debt in lieu of ready
payment of one hundred dirms, and the contra fling parties feparate
from the mèeting, the fale is therefore invalid in that degree.— The
reafon of this is, that if a debt be eftablifhed as the price, in a Con-
trafl. of fale, ftill that is not abfolutely fixed as the price; (whence if
a perfofi purchafe -goods in exchange for a debt due to him by the
feller of the goods, and both parties afterwards agree that the debt
was not due, yet the fale does not become null;)— and fince thé debt
is not abfolutely fixed as the price,, fo as to be capable of Conftituting
capital ftoek, it follows that the contrafl, in fuch cafe, does
originally take place, and afterwards becomes invalid from that cir-
cumftance.
I t is not lawful for the feller to convert to ufe, or, by any deed, to buti.t caM°t
difpofe of the price advanced, in a Sillim fale, (as if he fhould fe ll it, of by the“1
for inftance,) prior to his feizin of it, becaufe in this cafe the feizin SfpXffion
of the price, which is an eflential condition in a Sillim fale, would be ofiti
* A dry Babyloniß meafure of 7,100. lib— (See Ricbardfen’s Diaionary.)
V ol. II. Y y y ' defeated.