—and fo alfo,
if it be mea-
fured by the
feller into bis
onun fack, at
the purchafer’s
inftance,
although the
purchafer be
prefent.
Cafe of delivery
of a determinate
article
in thefhme
parcelwith an
undeterminats
article.
ficient. Hence., in the Rawdye-t-Saheeh, it is declared to be fufficient
that the feller, by the diredlion of the purchafer, meafure out the article
and put it into the purchafer’s fack ; and there is no neceffity
for another meafurement, fince in this cafe the feller acts as agent for
meafurement to the purchafer; and the feizin is completely efta-
blifhed, becaufe of the falling of the wheat into the purchafer’s fack.
I f a perfon purchafe wheat, and diredt the feller to meafure it out
and put it into his own fack, and the feller adt accordingly, the purchafer
is not feized of it, inafmuch as he borrowed the fack of the
feller without taking poflèflion of it, and confequently does not become
feized of its contents.— The cafe is therefore the fame as if the
purchafer had diredted the feller to meafure out the wheat and place
it in a particular corner of his own houfe, which being completely in
the poflèflion of the feller, the purchafer cannot confequently 'be
feized of any thing in it.
If an undeterminate and a ipecific thing be joined together, by a
perfon (for inftance) purchafing a fpecific Koor of wheat, and alfo
entering into a Sillim contradt for another Koor of the fame, (the
former of which is fpecific and the latter .undeterminate,~) and then directing
the feller to meafure out both into his own fack, in that
cafe, if the feller firft meafure the fpecific wheat into the fack, and
afterwards the undeterminate wheat, the purchafer is feized of both th®
meafures of wheat;— of the determinate wheat, becaufe his directions
to the feller with refpedt to it were efficient, as it was his undoubted
property;— and of the undeterminate, wheat, becaufe, upon the feller
meafuring it out, and placing it in the bag, it then becomes implicated
with the property of the purchafer, and on account of fuch implication
the purchafer becomes feized of it.— The cafe therefore is
analagous to where a perfon, having folicited the loan of fome wheat,
defires the lender to featter it on his (the borrower’s) ground,— or,
Where-a perfon configns his ring to .a jeweller with diredlions to add
to
to it more gold, to the weight of half a deenar;— for in both thefe
cafes the feizin takes place immediately on the implication with the
property._If, on the contrary, in the cafe in queftion, the feller firft
meafure out the undeterminate wheat, and place it in the purchafer’s
fack, and afterwards the fpecific wheat, the purchafer does not become
feized of e itherbecaufe his diredlions to meafure out the undeterminate
wheat were not efficient, and confequently the property
of it remained with the beller, as before and having afterwards
mixed the determinate wheat with his own property, he théreby de-
ftroys and annuls the right of property of the- other. — This is
founded on. the dodlrine of Haneefa, according to whom the implication
of the property of another with one’s ew/z is deftrudlive of the
rio-ht of property of that other; and on this principle he holds the
fale with refpedt to the determinate wheat to be diflolved.
O b j e c t io n ._T h e above implication is with the confent of the
purchafer, fince it was by his order that the. feller made the meafurement,
and hence the fale ought not in this cafe to be diflolved.
R e p l y .— The implication is not made with the confent of the
purchafer, fince there is a probability that his objedl was that the
fpecific wheat fhould firft be meafured out.
,_What is here advanced is founded on the dodlrine of Haneefa, as
above ftated. The two difciples are of opinion that the purchafer
has the option of either diffolving the fale or fharing with the feller
in the mixed property; becaufe, according to them, the implication
of the property of another with one’s own is not in all cafes deftruc-
tive of the right of property of that other.
If a perfon purchafe a Koor of wheat by a Sillim contradl, making
a female Have the price advanced, and after the feller taking poflef-
fion of the flave the parties diflolve the contradl, and the flave afterwards
die whilft yet in the poflèflion of the feller, in this cafe the
feller is refponfible for the value lhe bore on the day of feizin.— If,
alfo, the diflolution be made after the death of the female flave, it
is
If the contract
be diflolved,
and the article
advanced
perifh before
reftitution,
the feller is
refponfible.